Albany County Department of Social Services ex rel. Judy T. v. John T.

OPINION OF THE COURT

W. Dennis Duggan, J.

In this paternity proceeding the petitioner (DSS) moves for summary judgment on its paternity petition on the grounds that there exists no triable issue of fact. The issue to be first determined is whether summary judgment, as a procedural device, is available in a paternity action.

The paternity petition filed by DSS alleges that the respondent is the father of Baby T. Upon request of respondent, two separate blood tests were conducted. The first, an HLA test, resulted in the finding of probability of paternity of 99.93%. The second, a DNA blood test,…