(DOWNLOAD) "Matter Joan G. v. Robert W." by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Joan G. v. Robert W.
- Author : Supreme Court of New York
- Release Date : January 03, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In a filiation proceeding pursuant to article 5 of the Family Court Act, petitioner appeals from an order of the Family Court, Queens County (Marmarellis, J.), dated March 16, 1979, which, after a hearing, dismissed the petition. By order dated December 29, 1980, this court remitted the matter to the Family Court, Queens County, for the making of findings of fact, and the appeal has been held in abeyance in the interim (Matter of Joan G. v Robert W., 79 A.D.2d 708). The Family Court has rendered and submitted its findings. Order reversed, on the law and the facts, without costs or disbursements, petition granted, and the matter is remitted to the Family Court, Queens County, for further proceedings on the issue of support. Although we hesitate to disturb findings of fact based on conflicting evidence and involving the credibility of witnesses, a fair interpretation of the evidence compels reversal. (See Aronauer v Ohl, 80 A.D.2d 592.) Petitioner, a married woman who has been separated from her husband since 1976, gave birth to a male child on January 16, 1978. She alleged that respondent, a man to whom she had never been married, was the father of the child. Petitioner testified that she had had an active social relationship with respondent from April, 1977 to June, 1978. This included frequent visits by respondent to petitioners home where he would often stay overnight. On several of these occasions, petitioner stated that she had had sexual intercourse with respondent, the first time having been in late April, or early May of 1977. Petitioner also stated that from the date she had first met respondent to the last time she had sexual intercourse with him, she had not had sexual relations with any other man, and particularly not with her estranged husband. Petitioner then produced her husband as a witness. He confirmed that he [83 A.D.2d 838 Page 839]