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Matter of Case v. Robert

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1990
167 A.D.2d 567 (N.Y. App. Div. 1990)

Opinion

November 1, 1990

Appeal from the Family Court of Tioga County (Siedlecki, J.).


As with most paternity proceedings, this case involves the resolution of conflicting testimony and Family Court's determination as to the credibility of witnesses will be accorded great deference (see, Matter of Commissioner of Saratoga County Dept. of Social Servs. v. Charles G., 146 A.D.2d 854, 855). The evidence here, which included petitioner's testimony of sexual relations with respondent and blood tests, does not compel a different result than that reached by Family Court; therefore, its findings will not be disturbed by this court (see, Matter of Julie UU. v. Joseph VV., 108 A.D.2d 1038, 1039). Furthermore, since there is no material deviation from the normal period of gestation, which ranges from 265 to 299 days, medical testimony was not necessary in this case (see, Matter of Broome County Dept. of Social Servs. v. Walter Z., 149 A.D.2d 756, 757-758; Matter of Pandozy v. Perry X., 141 A.D.2d 894, 896). Respondent's remaining contentions have been examined and found to be lacking in merit.

Order affirmed, without costs. Mahoney, P.J., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.


Summaries of

Matter of Case v. Robert

Appellate Division of the Supreme Court of New York, Third Department
Nov 1, 1990
167 A.D.2d 567 (N.Y. App. Div. 1990)
Case details for

Matter of Case v. Robert

Case Details

Full title:In the Matter of RAYMOND P. CASE, as Commissioner of the Tioga County…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 1, 1990

Citations

167 A.D.2d 567 (N.Y. App. Div. 1990)
563 N.Y.S.2d 197

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