Tina P. v. Craig B.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Petitioner sustained her burden of establishing respondent’s paternity by clear and convincing evidence (see, Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137, 141-142). The testimony of petitioner that she had sexual relations exclusively with respondent at the time of conception, along with the blood test result indicating a 99.99% probability of paternity, are sufficient to meet that burden (see, Matter of Julie W. v Adam S., 222 AD2d 1013). The weight to be accorded expert testimony is a matter for the trier of fact…
2Cases cited5 opinions
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- McCarthy v. BraimanAppellate Division of the Supreme Court of the State of New York · 1986
- In Re the Estate of SylvestriNew York Court of Appeals · 1978
- Baumfeld v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Julie W. v. Adam S.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by3 opinions
- Matter of Adina B. (Alexander B.)Appellate Division of the Supreme Court of the State of New York · 2022
- In re Jefferson County Department of Social Services ex rel. Rhonda L. (G.) R.Appellate Division of the Supreme Court of the State of New York · 1999
- Orleans County Department of Social Services v. Aaron S.Appellate Division of the Supreme Court of the State of New York · 2001