Legal Opinion
Jane PP. v. Paul QQ.
New York Court of Appeals
Decided September 5, 1985Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the case remitted for a new hearing in accordance with this memorandum.
The burden of proof in a paternity proceeding rests upon the petitioner, who must establish paternity by “ ‘clear and convincing’ evidence, evidence which is ‘entirely satisfactory’ and creates a genuine belief that respondent is the father of the child”. (Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137, 141-142.) The evidence in this case does not meet that standard. Where there is proof in the record…
2Cases cited7 opinions
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- Department of Social Services ex rel. Sandra C. v. Thomas J. S.Appellate Division of the Supreme Court of the State of New York · 1984
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Department of Social Services v. Alan K.Appellate Division of the Supreme Court of the State of New York · 1979
- Phillips v. BroadwellAppellate Division of the Supreme Court of the State of New York · 1978
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