(DOWNLOAD) "Matter Ellen Orange *Fn*" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Ellen Orange *Fn*
- Author : Supreme Court of New York
- Release Date : January 27, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
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Concededly the child involved was conceived during the time respondent and appellant were still legally married. Thus there
is a presumption, where access is established, that the child is the legitimate offspring of the marriage (see Domestic Relations
Law, § 175; Commissioner of Public Welfare v. Koehler, 284 N. Y. 260, 263). Such presumption is not conclusive, but can only
be overcome by strong proof (e.g., Moy Mee Soo v. Leong Yook Yick, 21 A.D.2d 45; see People v. Lewis, 25 A.D.2d 567). At most
there is presented here a disputed factual issue as to access and the record adequately supports the trial court's determination
that such in fact existed. Moreover there were introduced letters concededly written by appellant while he was at the Elmira
Reformatory in which he expressly acknowledged and admitted parenthood of the child here involved. Appellant stresses that
at the trial of her proceeding for annulment respondent denied any "cohabitation" with appellant during the period of conception.
But beyond noting that such a prior statement would not necessarily preclude a finding here that such was in fact the case,
it must be observed that to a layman there is reasonable ground to construe "cohabitation" as involving a prolonged living
together rather than a single isolated act of intercourse in the back seat of an automobile. There is advanced absolutely
no proof that even attempts to rebut the presumption beyond the claim of non-access (cf. People v. Lewis, supra ; Moy Mee
Soo v. Leong Yook Yick, supra ; Anonymous v. Anonymous, 1 A.D.2d 312). Accordingly, we find no basis to disturb the decision
of the trial court and it must therefore be affirmed. Order affirmed, with costs. Disposition Order affirmed, with costs.