MATTER OF HANLEY v. WILCOX

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.