MATTER OF COMM'R OF SOC SERVS. v. MARTINEZ


96 A.D.2d 496 (1983)

In the Matter of The Commissioner of Social Services, on Behalf of Debra Talavera, as Assignee, Respondent, v. Ralph Martinez, Appellant

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

July 28, 1983


Reversed, on the law and the facts, without costs or disbursements, and the petition dismissed.

This proceeding, brought to establish filiation, poses a classic case involving a weighing of the evidence and the credibility of the witnesses to determine whether the proof adduced met the requisite standard of "clear and convincing evidence" necessary to establish paternity. The testimony of the two interested parties is in sharp conflict. According to the mother, she...

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