Tamara B. v. Pete F.

Sullivan and Rosenberger, JJ., dissent in a memorandum by Rosenberger, J., as follows:

In my view, the Family Court’s

determination that the petitioner failed to meet her burden of proving paternity by clear and convincing evidence was against the weight of the evidence.

In an order entered January 12, 1989 (Tamara B. v Pete F., 146 AD2d 487, amended 157 AD2d 636), this court reversed certain orders of the Family Court in this matter dismissing the paternity petition following a fact-finding hearing and denying the petitioner’s motion to reopen the proceedings to present rebuttal testimony by an…