Legal Opinion
Lucille Ann D. v. David F. K.
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 1995No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Petitioner met her burden of establishing paternity "by 'clear and convincing’ evidence, evidence which is 'entirely satisfactory’ and creates a genuine belief that respondent is the father of the child” (Matter of Commissioner of Social Servs. [Patricia A.] v Philip De G., 59 NY2d 137, 141-142). The combined red cell antigen and *875human leucocyte antigen (HLA) test, indicating a 99.7% probability of paternity, is entitled to great weight (see, Matter of Stone v Ilardo, 191 AD2d 965). Issues of credibility are best determined by the trial…
2Cases cited8 opinions
- MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- Niagara County Department of Social Services ex rel. Kimmie W. v. Randy M.Appellate Division of the Supreme Court of the State of New York · 1994
- Commissioner of Social Services v. Hector S.Appellate Division of the Supreme Court of the State of New York · 1995
- Fitzgerald v. TamolaAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by3 opinions
- Jones v. ReeseAppellate Division of the Supreme Court of the State of New York · 1996
- Boyer v. BoyerAppellate Division of the Supreme Court of the State of New York · 1999
- Cattaraugus County Department of Social Services v. Douglas K.Appellate Division of the Supreme Court of the State of New York · 1996