Legal Opinion

Barbara S. v. Michael I.

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2005PublishedCited by 9 opinions

1Opinion of the Court

*452In a paternity proceeding pursuant to the Uniform Interstate Family Support Act (Family Court Act art 5-B), inter alia, to adjudicate the respondent the father of the subject child, the petitioner mother appeals from an order of the Family Court, Kings County (Hepner, J.), dated December 21, 2004, which, after a hearing, denied the petition and dismissed the proceeding with prejudice for failure to overcome the presumption of legitimacy by clear and convincing evidence.

Ordered that the order is affirmed, without costs or disbursements.

“A child born during marriage is presumed to be the…

2Cases cited4 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Fung v. FungAppellate Division of the Supreme Court of the State of New York · 1997
  3. Walker v. CovingtonAppellate Division of the Supreme Court of the State of New York · 2001
  4. L.M. v. J.S.New York City Family Court · 2004

3Cited by9 opinions

  1. Wendy G-M. v. Erin G-M.New York Supreme Court · 2014
  2. Marilene S. v. David H.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Beth R. v. Ronald S.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Ariel G. v. Greysy C.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Carl Henry P. v. Tiwiana L.Appellate Division of the Supreme Court of the State of New York · 2011

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