Appellate Division of the Supreme Court of New York, 1977

Hanley v. Wilcox

Hanley v. Wilcox
Appellate Division of the Supreme Court of New York · Decided April 7, 1977
57 A.D.2d 697; 395 N.Y.S.2d 543; 1977 N.Y. App. Div. LEXIS 11732
Hanley v. Wilcox

Opinion of the Court

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 AD2d 674; Matter of Hawthorne v De Both 42 AD2d 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 AD2d 138). The evidence in the present record does not meet these standards of proof. (Appeal from order of Oneida County Family Court—paternity.) Present—Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.