(Download) "Matter Beverly W. v. Scott D." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Beverly W. v. Scott D.
- Author : Supreme Court of New York
- Release Date : January 28, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
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[37 A.D.2d 904 Page 904] 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 case 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 impossibility of direct
contradiction of the complainant upon the issue, we must consider the more carefully her credibility as revealed by her own
testimony and by contradictions thereof." (Drummond v. Dolan, 155 App. Div. 449, 450-451.) Petitioner testified to a single
act of intercourse with respondent, occurring on October 30, 1968, which, she asserted, resulted in her pregnancy. Respondent
steadfastly [37 A.D.2d 904 Page 905]