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Matter of Hanley v. Wilcox

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 7, 1977
57 A.D.2d 697 (N.Y. App. Div. 1977)

Opinion

April 7, 1977

Appeal from the Oneida County Family Court.

Present — Moule, J.P., Cardamone, Simons, Dillon and Witmer, JJ.


Order unanimously reversed, without costs, and petition dismissed. Memorandum: Paternity must be established by evidence that is "clear, convincing and entirely satisfactory", something more than a mere preponderance of the evidence (Matter of Piccola v Hibbard, 51 A.D.2d 674; Matter of Hawthorne v De Both 42 A.D.2d 827). In the case of a child born to a married woman, the law presumes the child is legitimate and petitioner must prove nonaccess by the husband during the period of conception (Matter of Hawthorne v De Both, supra; Matter of Gray v Rose 30 A.D.2d 138). The evidence in the present record does not meet these standards of proof.


Summaries of

Matter of Hanley v. Wilcox

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 7, 1977
57 A.D.2d 697 (N.Y. App. Div. 1977)
Case details for

Matter of Hanley v. Wilcox

Case Details

Full title:In the Matter of LORRAINE HANLEY, as Deputy Commissioner of the Oneida…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 7, 1977

Citations

57 A.D.2d 697 (N.Y. App. Div. 1977)

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