Commissioner of Social Services ex rel. Talayera v. Martinez

Order, Family Court, Bronx County (Shirley Wohl Kram, J.), entered March 15, 1982, which adjudged and declared respondent to be the father in this paternity proceeding, reversed, on the law and the facts, without costs or disbursements, and the petition dismissed. This proceeding, brought to establish filiation, poses a classic case involving a weighing of the evidence and the credibility of the witnesses to determine whether the proof adduced met the requisite standard of “clear and convincing evidence” necessary to establish paternity. The testimony of the two interested parties is in sharp…