Suzanne "J" v. Russell "K"

Appeal from an order of the Family Court, Albany County, adjudging appellant to be the father of respondent’s child and awarding respondent $15 weekly support for said child. In a paternity suit the petitioner has the burden of establishing each element of the cause of action by clear and convincing evidence (Matter of Lopez v. Sanchez, 84 F Y 2d 662; Matter of Linda “HR” v. Brent " SS”, 40 A D 2d 908). Respondent alleged that conception took place on May 13 and birth on January 18. It was thus incumbent upon her to prove that an act of intercourse occurring in May could produce a baby in…