Hanley v. Wilcox

Order unanimously reversed, without costs, and petition dismissed. Memorandum: Paternity must be established by evidence that is "clear, convincing and entirely satisfactory”, something more than a mere •preponderance of the evidence (Matter of Piccola v Hibbard, 51 AD2d 674; Matter of Hawthorne v De Both 42 AD2d 827). In the case of a child born to a married woman, the law presumes the child is legitimate and petitioner must prove nonaccess by the husband during the period of conception (Matter of Hawthorne v De Both, supra; Matter of Gray v Rose 30 AD2d 138). The evidence in the present…