What is the test for establishing a presumption of legitimacy in a civil proceeding?
"New York", United States of America
The following excerpt is from People v. Towns, 201 Misc. 322 (N.Y. Dist. Ct. 1951):
The facts compel me to hold that the presumption of legitimacy in this proceeding has been rebutted and, in fact, shattered (Matter of Findlay, 253 N.Y. 1). The presumption has been overcome by evidence that is "strong, distinct, satisfactory and conclusive" and by disproving every reasonable possibility. "`It is not * * * shaken by a mere balance of probability.'" (Hynes v. McDermott, 91 N.Y. 451, 458.)
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