Commissioner of Social Services of County of Erie v. Gee

Order unanimously reversed, without costs, and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: This is an appeal by the Erie County Department of Social Services on behalf of Elizabeth Chaput from the dismissal after trial of a petition alleging that respondent is the father of Ms. Chaput’s child. Petitioner urges that Family Court erred in declining to consider the results of the human leucocyte antigen blood tissue test (H.L.A. test) and in considering certain other evidence purportedly supporting respondent’s version of…