Beverly W. v. Scott D.
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 petition dismissed. Memorandum: The proof offered by petitioner to meet her burden of proof in this filiation ease failed to meet the standard required in a proceeding of this nature. In view of the difficulty in meeting a charge of paternity, the proof in support of the claim must be clear, convincing and entirely satisfactory, so that a finding against the respondent is supported by more than a mere preponderance of the evidence. (Matter of Edick v. Martin, 34 A D 2d 1096.) Furthermore, “in the face of the practical…
2Cases cited1 opinion
- Drummond v. DolanAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by5 opinions
- Piccola v. HibbardAppellate Division of the Supreme Court of the State of New York · 1976
- Apuzzo v. SlesinskiAppellate Division of the Supreme Court of the State of New York · 1983
- Torino v. CruzNew York City Family Court · 1975
- Stenzel v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1975
- ZZ v. Warren AAppellate Division of the Supreme Court of the State of New York · 1976