Appellate Division of the Supreme Court of New York, 1977

Gail M. v. William P.

Gail M. v. William P.
Appellate Division of the Supreme Court of New York · Decided May 9, 1977
57 A.D.2d 859; 394 N.Y.S.2d 265; 1977 N.Y. App. Div. LEXIS 12079
Gail M. v. William P.

Opinion of the Court

In a paternity proceeding, the appeal is from an order of filiation and support of the Family Court, Nassau County, entered December 30, 1976, after a nonjury trial. Order reversed, on the law and the facts, without costs or disbursements, and proceeding dismissed. Since the petitioner did not negate access by everyone but the appellant during the critical time of possible concep*860tion, the evidence of paternity was not clear, convincing and entirely satisfactory. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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