IN THE MATTER OF BARBARA S. v. MICHAEL I.


24 A.D.3d 451 (2005)

805 N.Y.S.2d 425

In the Matter of BARBARA S., Appellant, v. MICHAEL I., Respondent.

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

December 5, 2005.


Ordered that the order is affirmed, without costs or disbursements.

"A child born during marriage is presumed to be the biological product of the marriage and this presumption has been described as `one of the strongest and most persuasive known to the law'" (David L. v. Cindy Pearl L., 208 A.D.2d 502, 503 [1994], quoting Matter of Findlay, 253 N.Y. 1, 7 [1930]). However, this presumption may be rebutted by clear and...

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