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Matter of Janine v. Mark

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1981
85 A.D.2d 852 (N.Y. App. Div. 1981)

Opinion

December 31, 1981


Appeal from an order of the Family Court of Rensselaer County (Reeves, J.), entered December 10, 1980, which adjudicated respondent to be the father of petitioner's child. At the trial of this paternity proceeding, petitioner testified that her last menstrual period, prior to the birth, was on June 11 or June 12, 1977. Subsequent to this menstrual period, petitioner testified she had sexual relations with no one other than respondent. She alleges that as a result she became pregnant and a baby was born on March 27, 1978. Family Court adjudged respondent to be the father of the child and this appeal ensued. Contrary to respondent's contention, we are of the view that petitioner sustained the burden of establishing respondent's paternity by clear and convincing evidence. The evidence at trial presented questions of credibility, and this court is reluctant to reverse a trial court on findings based on credibility since the trier of fact has the advantage of seeing and hearing the witnesses firsthand ( Matter of O'Connor v Sanford, 72 A.D.2d 884). After careful examination of the record, it is the opinion of this court that the order should be affirmed. Order affirmed, without costs. Mahoney, P.J., Kane, Main, Mikoll and Weiss, JJ., concur.


Summaries of

Matter of Janine v. Mark

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1981
85 A.D.2d 852 (N.Y. App. Div. 1981)
Case details for

Matter of Janine v. Mark

Case Details

Full title:In the Matter of JANINE MM., v. MARK NN., Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 31, 1981

Citations

85 A.D.2d 852 (N.Y. App. Div. 1981)

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