Legal Opinion
Commissioner of Social Services v. Julio J.
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 2012PublishedCited by 2 opinions
1Opinion of the Court
Order of filiation, Family Court, New York County (Mary E. Bednar, J.), entered on or about November 8, 2010, declaring respondent to be the father of the subject child, reversed, on the law, without costs, and the matter remanded for further proceedings to include the performance of a biological paternity test.
In this paternity proceeding under article 5 of the Family Court Act, petitioner agency failed to establish by evidence that was clear, convincing and entirely satisfactory (see Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137, 141-142 [1983]; Matter of Tanesha H. v…
2Cases cited9 opinions
- MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- JUANITA A. v. Kenneth Mark N.New York Court of Appeals · 2010
- Derrick H. v. Martha J.Appellate Division of the Supreme Court of the State of New York · 2011
- Gutierrez v. Gutierrez-DelgadoAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by2 opinions
- Starla D. v. Jeremy E.Appellate Division of the Supreme Court of the State of New York · 2012
- Starla D. v. Jeremy E.Appellate Division of the Supreme Court of the State of New York · 2012