Orange v. Rose

Appeal from an order of filiation of the Family Court, Otsego County, entered April 23, 1968 upon a decision after trial. Concededly the child involved was conceived during the time respondent and appellant were still legally married. Thus there is a presumption, where access is established, that the child is the legitimate offspring of the marriage (see Domestic Relations Law, § 175; Commissioner of Public Welfare v. Koehler, 284 N. Y. 260, 263). Such presumption is not conclusive, but can only be overcome by strong proof (e.g., Moy Mee Soo v. Leong Yook Yick, 21 A D 2d 45; see People v.…