Legal Opinion

Tina P. v. Craig B.

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

Decided February 2, 1996PublishedCited by 3 opinions

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

  1. Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
  2. McCarthy v. BraimanAppellate Division of the Supreme Court of the State of New York · 1986
  3. In Re the Estate of SylvestriNew York Court of Appeals · 1978
  4. Baumfeld v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  5. Julie W. v. Adam S.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by3 opinions

  1. Matter of Adina B. (Alexander B.)Appellate Division of the Supreme Court of the State of New York · 2022
  2. 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
  3. Orleans County Department of Social Services v. Aaron S.Appellate Division of the Supreme Court of the State of New York · 2001

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