Legal Opinion

Beverly W. v. Scott D.

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

Decided October 28, 1971PublishedCited by 5 opinions

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

  1. Drummond v. DolanAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by5 opinions

  1. Piccola v. HibbardAppellate Division of the Supreme Court of the State of New York · 1976
  2. Apuzzo v. SlesinskiAppellate Division of the Supreme Court of the State of New York · 1983
  3. Torino v. CruzNew York City Family Court · 1975
  4. Stenzel v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1975
  5. ZZ v. Warren AAppellate Division of the Supreme Court of the State of New York · 1976

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