Commissioner of Social Services v. Simons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law and facts, without costs, petition granted, and matter remitted to Erie County Family Court for further proceedings in accordance with the following memorandum: We disagree with Family Court that petitioner failed to establish paternity by clear and convincing evidence. The evidence established beyond doubt that respondent had intercourse with petitioner on February 9,1979. A full-term male child was born on October 31, 1979. The period of 265 days from the date of conception to the date of birth is well within the practical range of normal period of…
2Cases cited10 opinions
- Susan W. v. Amhad Q.Appellate Division of the Supreme Court of the State of New York · 1978
- Arlene W. v. Robert D.Appellate Division of the Supreme Court of the State of New York · 1971
- Morris v. Terry K.Appellate Division of the Supreme Court of the State of New York · 1979
- Jay v. Andrew "Y"Appellate Division of the Supreme Court of the State of New York · 1975
- Erie County Commissioner of Social Services v. BoydAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by7 opinions
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- Bowling ex rel. Morgan v. ConeyAppellate Division of the Supreme Court of the State of New York · 1983
- Commissioner of Social Services v. MichelAppellate Division of the Supreme Court of the State of New York · 1983
- Mary W. v. Kenneth L.Appellate Division of the Supreme Court of the State of New York · 1992
- Department of Social Services v. Kevin Y.Appellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.