Legal Opinion
Niagara County Department of Social Services v. David R.
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 1995PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously reversed on the law and facts without costs, petition granted and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: After a hearing in this proceeding commenced by petitioner to establish the paternity of the child born to Yvonne W., Family Court dismissed the petition. We reverse.
"The burden of proof in a paternity proceeding rests upon the petitioner, who must establish paternity by ' "clear and convincing” evidence, evidence which is "entirely satisfactory” and creates a genuine belief that respondent is…
2Cases cited7 opinions
- Nancy M. G. v. James M.Appellate Division of the Supreme Court of the State of New York · 1989
- Bowling ex rel. Morgan v. ConeyAppellate Division of the Supreme Court of the State of New York · 1983
- Sherry K. v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1982
- Ferguson v. GonyouAppellate Division of the Supreme Court of the State of New York · 1985
- Mary W. v. Kenneth L.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by2 opinions
- Orleans County Department of Social Services v. Aaron S.Appellate Division of the Supreme Court of the State of New York · 2001
- Wayne County Department of Social Services v. Brett D.Appellate Division of the Supreme Court of the State of New York · 1997