MATTER OF SOUTH CAROLINA DEP'T OF SOC SERVS. v. STARKS


206 A.D.2d 312 (1994)

615 N.Y.S.2d 4

In the Matter of South Carolina Department of Social Services, on Behalf of Henrietta Bradford, Appellant, v. Ricky Starks, Respondent

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

July 21, 1994


Since the respondent has defaulted in appearance, the paternity affidavit, sworn to by the mother under penalty of perjury, is uncontroverted. This affidavit sufficiently establishes, by clear and convincing evidence, that respondent is the father of the subject child. We note that while the Family Court expressed concern that "[t]here is no indication that [respondent] acknowledged paternity at any time," the mother's affidavit states that respondent "has admitted that he...

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