Erie County Commissioner of Social Services v. Boyd
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law and facts, without costs, and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Petitioner appeals from an order of Family Court which dismissed the petition in this paternity proceeding because petitioner failed to establish paternity by "clear and convincing evidence” (see Matter of Piccola v Hibbard, 51 AD2d 674, affd 40 NY2d 1035), the court holding that expert medical testimony was necessary to prove that the baby was born after a normal period of gestation. *729Petitioner testified that…
2Cases cited7 opinions
- Morris v. Terry K.Appellate Division of the Supreme Court of the State of New York · 1977
- Piccola v. HibbardAppellate Division of the Supreme Court of the State of New York · 1976
- MATTER OF PICCOLA v. HibbardNew York Court of Appeals · 1976
- Suzanne "J" v. Russell "K"Appellate Division of the Supreme Court of the State of New York · 1974
- Erie County Board of Social Welfare v. HolidayAppellate Division of the Supreme Court of the State of New York · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Karen K. v. Christopher D.Appellate Division of the Supreme Court of the State of New York · 1982
- Sherry K. v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1982
- Joanne O. v. Andrew H. W.Appellate Division of the Supreme Court of the State of New York · 1982
- Commissioner of Social Services of Erie v. GibsonAppellate Division of the Supreme Court of the State of New York · 1980
- Commissioner of Social Services v. SimonsAppellate Division of the Supreme Court of the State of New York · 1982
6 more not listed; retrieve them via the Exa API.