Legal Opinion

Carl Henry P. v. Tiwiana L.

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

Decided March 29, 2011PublishedCited by 2 opinions

1Opinion of the Court

In these related paternity proceedings, the Family Court granted the motion of the Suffolk County Department of Social Services (hereinafter the DSS) for leave to intervene on the ground that the children were receiving public assistance. The Family Court then granted the motion of the DSS pursuant to CPLR 3211 (a) (7) to dismiss the petitions.

“A child born during marriage is presumed to be the biological product of the marriage and this presumption has been described as ‘one of the strongest and most persuasive known to *1246the law’ ” (Matter of Barbara S. v Michael I., 24 AD3d 451, 452 [2005],…

2Cases cited3 opinions

  1. David L. v. Cindy Pearl L.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Barbara S. v. Michael I.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Alberto T. v. Tammy D.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. Felix O. v. Janette M.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Onorina C.T. v. Ricardo R.E.Appellate Division of the Supreme Court of the State of New York · 2019

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