D. v. P.

Decision Date22 May 1972
Citation332 N.Y.S.2d 461,39 A.D.2d 759
PartiesIn the Matter of Joan D. (anonymous), Respondent, v. Thomas P. (anonymous), Appellant.
CourtNew York Supreme Court — Appellate Division

Before HOPKINS, Acting P.J., and MUNDER, MARTUSCELLO, LATHAM and SHAPIRO, JJ.

MEMORANDUM BY THE COURT.

Appeal from three orders of filiation, all by the Family Court, Queens County, dated September 21, 1971 (each for a different one of three children).

Orders reversed, on the law and the facts, without costs, and petitions dismissed.

Order of the same court dated December 8, 1971, which directed appellant to pay towards support of the children, vacated.

Petitioner failed to sustain her burden of proving appellant's responsibility by evidence so clear and convincing as to be entirely satisfactory (Matter of Mannain v. Lay, 33 A.D.2d 1024, 308 N.Y.S.2d 248, affd. 27 N.Y.2d 690, 314 N.Y.S.2d 9, 262 N.E.2d 216; Matter of Wickham v. Barbera, 279 App.Div. 953, 110 N.Y.S.2d 762).

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1 cases
  • Com'r of Social Services of City of New York, In re
    • United States
    • New York Family Court
    • September 28, 1973
    ...for a woman to have a series of intimate relationships, each with one man lasting months or years (cf. Matter of Joan D. v. Thomas P., 39 A.D.2d 759, 332 N.Y.S.2d 461 (2nd Dept. 1972)). It is another thing for her to have relationships with two or more men in one short period of time such a......

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