Terri OO. v. Michael QQ.

Kane and Levine, JJ., dissent and vote to affirm in a memorandum by Levine, J. Levine, J. (dissenting).

We respectfully dissent. In our view, the circumstances presented here permitted Family Court, whose weighing of the scientific evidence in this regard is entitled to great deference (Matter of Moon v Mark A., 109 AD2d 1017, 1019), to find that the results of the HLA test established paternity by clear and convincing evidence. First, the evidence of a normal period of gestation, of the occurrence of petitioner’s last menstrual period in September 1984 and the birth of the child on June 21,…