Commissioner of Social Services v. James H.

Appellate Division of the Supreme Court of New York

Commissioner of Social Services v. James H.

65 A.D.2d 772, 409 N.Y.S.2d 790, 1978 N.Y. App. Div. LEXIS 13610

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1978

StatusPublished

Cited by2 cases

This text of 65 A.D.2d 772 (Commissioner of Social Services v. James H.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Social Services v. James H., 65 A.D.2d 772, 409 N.Y.S.2d 790, 1978 N.Y. App. Div. LEXIS 13610 (N.Y. Ct. App. 1978).

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Opinion

Appeals from (1) an order of the Family Court, Kings County, dated March 21, 1978, which appointed an 18-[773]*773B attorney for the Commissioner of Social Services, (2) (by permission) a second order of the same court, dated April 19, 1978, which denied appellant’s motion for an examination before trial of the complainant and her mother, which motion had previously been granted by another Judge, and (3) an order of filiation of the same court, dated April 19, 1978. Leave to appeal from the order of filiation is hereby granted. Order of filiation reversed, on the law and the facts, without costs or disbursements, and proceeding dismissed. Appeal from the order concerning the examination before trial dismissed as academic, without costs or disbursements, in the light of the determination on the appeal from the order of filiation. Appeal from the order dated March 21, 1978 dismissed, without costs or disbursements (see Matter of Werfel v Agresta, 36 NY2d 624). Since the complainant did not negate access by everyone but the appellant during the critical time of possible conception, the evidence of paternity was not clear, convincing and entirely satisfactory (see Gail M. v William P., 57 AD2d 859). Cohalan, J. P., Margett, Hawkins and O’Connor, JJ., concur.

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Appeals from (1) an order of the Family Court, Kings County, dated March 21, 1978, which appointed an 18-[773]*773B attorney for the Commissioner of Social Services, (2) (by permission) a second order of the same court, dated April 19, 1978, which denied appellant’s motion for an examination before trial of the complainant and her mother, which motion had previously been granted by another Judge, and (3) an order of filiation of the same court, dated April 19, 1978. Leave to appeal from the order of filiation is hereby granted. Order of filiation reversed, on the law and the facts, without costs or disbursements, and proceeding dismissed. Appeal from the order concerning the examination before trial dismissed as academic, without costs or disbursements, in the light of the determination on the appeal from the order of filiation. Appeal from the order dated March 21, 1978 dismissed, without costs or disbursements (see Matter of Werfel v Agresta, 36 NY2d 624). Since the complainant did not negate access by everyone but the appellant during the critical time of possible conception, the evidence of paternity was not clear, convincing and entirely satisfactory (see Gail M. v William P., 57 AD2d 859). Cohalan, J. P., Margett, Hawkins and O’Connor, JJ., concur.

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Bluebook (online)

65 A.D.2d 772, 409 N.Y.S.2d 790, 1978 N.Y. App. Div. LEXIS 13610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-v-james-h-nyappdiv-1978.

Opinion

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