MATTER OF ORANGE v. ROSE


31 A.D.2d 715 (1968)

In the Matter of Ellen Orange, Respondent, v. Arthur J. Rose, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 27, 1968


REYNOLDS, J.

Concededly the child involved was conceived during the time respondent and appellant were still legally married. Thus there is a presumption, where access is established, that the child is the legitimate offspring of the marriage (see Domestic Relations Law, § 175; Commissioner of Public Welfare v. Koehler, 284 N.Y. 260, 263). Such presumption is not conclusive, but can only be overcome by strong proof (e.g., Moy Mee Soo v...

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