In the Matter of the Commissioner of Social Services, as Assignee of Patricia A., Appellant v. Philip De G., Respondent

Summary

The New York Court of Appeals reversed the Appellate Division’s order vacating the Family Court’s paternity finding and remanded the case for further proceedings. The Court held that the hospital records were admissible and sufficient to corroborate the mother’s testimony of prematurity and that a respondent’s failure to testify permits the strongest adverse inference allowed by the record. Accordingly, the evidence met the clear and convincing standard required for a paternity finding.