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In the Matter of LORRAINE HANLEY, as Deputy Commissioner of the Oneida County Department of Social Services, Respondent, v. LARRY WILCOX, Appellant

Order unanimously reversed, without costs, and petition dismissed. Memorandum: Paternity must be established by evidence that is "clear, convincing and entirely satisfactory", something more than a mere preponderance of the evidence (Matter of Piccola v Hibbard, 51 A.D.2d 674; Matter of Hawthorne v De Both 42 A.D.2d 827). In the case of a child born to a married woman, the law presumes the child is legitimate and petitioner must prove nonaccess by the husband during the period of conception (Matter of Hawthorne v De Both, supra; Matter of Gray v Rose 30 A.D.2d 138). The evidence in the present record does not meet these standards of proof.

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MATTER OF HANLEY v. WILCOX
(Apr 7, 1977)