Kelley C. v. Kim M.

Order unanimously affirmed without costs. Memorandum: Family Court properly determined that these paternity proceedings are barred by res judicata. Petitioner contends that res judicata should not apply because the court in the prior paternity proceedings dismissed the petitions therein without considering the results of DNA testing, which indicated a high probability that respondent is the children’s father. The order dismissing the prior petitions was dated June 19, 1995, and Family Court Act § 532 (a) was amended effective June 15, 1994 to establish a rebuttable presumption of paternity in…