Legal Opinion

Louise S. v. Timothy E.

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

Decided November 18, 1992No. Appeal No. 2PublishedCited by 4 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: The notice of appeal is deemed an application for leave to appeal from the order of filiation and, in the exercise of our discretion, leave to appeal is granted (see, Family Ct Act § 1112 [a]; Matter of Hartstein v Mike S., 107 AD2d 684).

Upon our review of the record in this filiation proceeding, we conclude that petitioner satisfied her burden of proving paternity by clear, convincing and satisfactory evidence that creates a genuine belief that respondent is the father of her child (see, Matter of Jane PP. v Paul QQ., 65 NY2d 994, 996;…

2Cases cited5 opinions

  1. Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
  2. Karen K. v. Christopher D.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Harstein v. Mike S.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Commissioner of Franklin County Department of Social Services v. Clarence F.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Commissioner of Social Services of the County v. RuhAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by4 opinions

  1. Erie County Department of Social Services v. AbdallahAppellate Division of the Supreme Court of the State of New York · 1992
  2. Erie County Department of Social Services v. Alvin E.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Stone ex rel. Chilinski v. IlardoAppellate Division of the Supreme Court of the State of New York · 1993
  4. Stone ex rel. Chilinski v. IlardoAppellate Division of the Supreme Court of the State of New York · 1993

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