Hanley v. Coleman

Order unanimously reversed and new trial granted. Memorandum: Family Court’s determination of paternity was contrary to the weight of evidence. Complainant’s testimony was vague and contradictory and the proof fell short of the legal requirement that paternity be established by evidence which is "clear, convincing and entirely satisfactory” (Matter of Piccola v Hibbard, 51 AD2d 674, affd 40 NY2d 1035). The complaining witness gave birth to a daughter weighing 3 pounds, 10 ounces on July 16, 1974. It was complainant’s uncorroborated testimony that the child was conceived as the result of a…