Matter of Kerry Ann P. v. Dane S.

Order of filiation of the Family Court, Bronx County (Peter Passidomo, J.), entered on or about July 16, 2013, which denied respondent’s request for genetic marker testing and declared him to be the father of the subject child, Kymanie S., unanimously affirmed, without costs.

The evidence supports the Family Court’s finding that the presumption of legitimacy was overcome based on the mother’s testimony that she and her ex-husband, although still married at the time of the subject child’s birth, had been separated for several years, and that she was in an exclusive sexual relationship with…