MATTER OF BRISTENE B.

9057.

102 A.D.3d 562 (2013)

959 N.Y.S.2d 131

2013 NY Slip Op 394

In the Matter of BRISTENE B., an Infant. COMMISSIONER OF SOCIAL SERVICES, Respondent, v. ABRAHAM G., Appellant.

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

Decided January 24, 2013.


The record supports the court's finding that the presumption of legitimacy was overcome based on the mother's testimony that she was divorced from her former husband three years before the child's birth, and that she was in an exclusive sexual relationship with appellant in the relevant period before the child's birth. The court's determination that this testimony was "credible" is entitled to great weight and is supported by the record (see Matter of Benjamin L.,...

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