McCaffrey v. James X.

Appeal from an order of the Family Court of Albany County (Cardona, J.), entered August 3, 1988, which dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 5, to adjudicate respondent as the father of a child born to Stephanie W.

Following a hearing, the paternity petition was dismissed upon Family Court’s determination that it had not been shown by clear and convincing proof that respondent fathered the child born to Stephanie W. The basis of petitioner’s appeal is the denial of a midhearing motion to direct the parties and the child to submit to a further…