Legal Opinion
Rebmann v. Muldoon
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 1965PublishedCited by 7 opinions
1Opinion of the CourtStetjeb, J.
This is a filiation proceeding in which defendant has been adjudged the father of complainant’s illegitimate child. It has long been recognized that a charge of this character is very simple to assert and equally difficult to negate (Burke v. Burpo, 75 Hun 568). Consequently, an evidentiary rule has been evolved requiring “ entirely satisfactory evidence,” which means evidence sufficient to create a genuine belief that the defendant is the father of the chiíd, a belief which is supported by more than a mere preponderance of the evidence, though not necessarily sufficient to overcome any…
2Cases cited5 opinions
- Commissioner of Public Welfare v. RyanAppellate Division of the Supreme Court of the State of New York · 1933
- Drummond v. DolanAppellate Division of the Supreme Court of the State of New York · 1913
- Burke v. BurpoNew York Supreme Court · 1894
- Commissioner of Public Welfare v. KotelAppellate Division of the Supreme Court of the State of New York · 1939
- People ex rel. Mendelovich v. AbrahamsAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- Morris v. Terry K.Appellate Division of the Supreme Court of the State of New York · 1977
- Joan G. v. Robert W.Appellate Division of the Supreme Court of the State of New York · 1981
- Phillips v. BroadwellAppellate Division of the Supreme Court of the State of New York · 1978
- Snyder v. DavisAppellate Division of the Supreme Court of the State of New York · 1976
- Stenzel v. BennettAppellate Division of the Supreme Court of the State of New York · 1975
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