From Casetext: Smarter Legal Research

Matter of Patricia "E" v. Claude "F"

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 1969
33 A.D.2d 870 (N.Y. App. Div. 1969)

Opinion

December 18, 1969


Appeal from an order of the Family Court, Delaware County, entered April 23, 1969, which adjudged appellant to be the father of petitioner's child. Petitioner's child was born on November 5, 1968. Petitioner-respondent testified to numerous acts of intercourse between the parties. Their testimony differs in that she testified that the last act of intercourse occurred on February 4, 1968, and he testified that it occurred on December 26, 1967. He admitted, however, that after December 26, 1967 he continued to see petitioner about three days a week until the first week in May, 1968. Both parties testified that contraceptives were not used. Respondent's mother corroborated petitioner's testimony that she did not go out with any other man. Respondent made no attempt to establish a relationship between petitioner and other men. A full term baby having been born to petitioner, the issue to be resolved by the court was the date of the last act of intercourse between the parties. In evaluating the testimony the trial court accepted petitioner's version and rejected respondent's version. The trial court's evaluation of testimonial credibility is entitled to considerable weight and, in our opinion, the evidence was sufficient to convince "to the point of entire satisfaction". ( Matter of Gray v. Rose, 30 A.D.2d 138, 140; cf. Matter of Mary "A" v. John "B", 32 A.D.2d 1001; Matter of Rapp v. Birch, 32 A.D.2d 962. ) "On the record we cannot say that such determination is not supported by satisfactory competent proof nor that the determination is contrary to the weight of the credible evidence." ( Matter of Kiamos v. Chiladakis, 25 A.D.2d 647, 648.) Order affirmed, with costs. Reynolds, J.P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Staley, Jr., J.


Summaries of

Matter of Patricia "E" v. Claude "F"

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 1969
33 A.D.2d 870 (N.Y. App. Div. 1969)
Case details for

Matter of Patricia "E" v. Claude "F"

Case Details

Full title:In the Matter of PATRICIA "E", Respondent, v. CLAUDE "F", Appellant

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

Date published: Dec 18, 1969

Citations

33 A.D.2d 870 (N.Y. App. Div. 1969)

Citing Cases

Matter of Margie v. Gary

Although the date of conception was not established to a medical certainty, it is not necessary that the…

Matter of Jean v. Jude

The Family Court in this paternity proceeding has decided questions of credibility and has found that the…