Legal Opinion

Roth v. Melzer

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

Decided May 5, 1970PublishedCited by 1 opinion

1Opinion of the Court

In this paternity proceeding, by order of the Family Court dated March 11, 1969, the Trial Judge has dismissed the petition because of an inability, as set forth in the court’s opinion, to form a genuine belief that the respondent, and no other person, is the father of the child in question, the court also found the proof to be insufficient to create such a belief by “ clear, convincing and entirely satisfactory evidence ”, This dismissal we affirm, without costs or disbursements. We share any appellate court’s natural reluctance to upset a finding by the trier of the facts in a filiation…

2Cited by1 opinion

  1. Kerwin v. CollinsAppellate Division of the Supreme Court of the State of New York · 1976

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