Edick v. Martin

Order unanimously reversed on the law and facts, without costs, and petition dismissed. Memorandum: In a filiation case the burden of proof is upon the petitioner (16 N. Y. Jur., Domestic Relations, § 520), and because of the nature of such cases and the difficulty of any respondent to meet a charge of paternity against him (Drummond v. Dolan, 155 App. Div. 449, 450-451; see, also, Matter of Rebmann v. Muldoon, 23 A D 2d 163), the law requires that petitioner’s evidence in support of respondent’s paternity be clear, convincing and “ entirely satisfactory” (Matter of Commissioner of Welfare of…