Greenberg v. Colman
| Citation | 302 N.Y.S.2d 381,32 A.D.2d 913 |
| Parties | Fran GREENBERG, Petitioner-Respondent, v. Mark COLMAN, Respondent-Appellant. |
| Decision Date | 10 July 1969 |
| Court | New York Supreme Court Appellate Division |
J. J. Fine, New York City, for petitioner-respondent.
G. I. Esser, New York City, for respondent-appellant.
Before EAGER, J.P., and McGIVERN, MARKEWICH, NUNEZ and McNALLY, JJ.
Order of filiation of the Family Court, entered December 4, 1968, declaring the respondent Mark Colman to be the father of a child born out of wedlock on July 2, 1968, to the petitioner, Fran Greenberg, affired without costs or disbursements. The record, in its entirety is sufficient to justify a finding that by the evidence there was created in the mind of the trier of the facts a genuine belief that the defendant was the father of the subject child. Matter of Commissioner of Welfare v. Wendtland, 25 A.D.2d 640, 268 N.Y.S.2d 547; Lasda v. Abbess, 30 A.D.2d 1040, 294 N.Y.S.2d 844; Commissioner of Welfare v. Ryan, 238 App.Div. 607, 265 N.Y.S. 286. The record is sufficiently detailed to sustain the following findings, adequate to support the order on appeal: that the parties first met on October 3, 1967; at that time the respondent was married, but separated from his wife; that an act of intercourse between the parties took place on October 8, 1967, or about the fifteenth day subsequent to the petitioner's last menstrual period; that about seven weeks later, the petitioner informed the respondent of her pregnancy, that the subject of abortion was raised, but not pursued; that although the respondent did not acknowledge paternity, about a week later, he did accompany the petitioner to the residence of a local Rabbi, and there the subjects of marriage, adoption and expenses were discussed, although inconclusively; that on the occasion of a second meeting at the Rabbi's residence, the respondent was accompanied by a friend, who at the trial, did not testify; that the over-all record is consistent with the respondent's responsibility and entirely satisfactory to sustain the order of filiation.
All concur except NUNEZ, J., who dissents in the following memorandum:
I dissent and vote to reverse the order of filiation and dismiss the petition.
Respondent-appellant has been adjudged the father of a boy born to petitioner on July 2, 1968. The finding is based solely upon petitioner's uncorroborated and, in many respects, contradictory testimony. She is twenty-six years old. She testified that she began dating and going out with men at the age of sixteen, and that although she had never had sexual intercourse with anyone else, on her first date with respondent they were intimate half an hour after meeting on their first and last date. In this age of generalized sexual permissiveness, petitioner's testimony to one single act of sexual intimacy in her entire life seems to me to be...
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