Legal Opinion

Orleans County Department of Social Services v. Aaron S.

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 2001No. Appeal No. 2Published

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Contrary to the contention of respondent, Family Court properly determined that the evidence established his paternity by clear and convincing evidence (see, Matter of Tina P. v Craig B., 224 AD2d 933). The report of the HLA genetic marker test indicates that there is a 99.99% probability of paternity, and, contrary to respondent’s contention, that report was properly admitted in evidence (see, CPLR 4518 [d]). Respondent failed to present any evidence to rebut the presumption of paternity established by the admission of the report of the…

2Cases cited4 opinions

  1. Saren v. PalmaAppellate Division of the Supreme Court of the State of New York · 1999
  2. Tina P. v. Craig B.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Commissioner of Social Services v. DennisAppellate Division of the Supreme Court of the State of New York · 1998
  4. Niagara County Department of Social Services v. David R.Appellate Division of the Supreme Court of the State of New York · 1995

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