Commissioner v. Jose M.

Order, Family Court, New York County (Lisa Friederwitzer, Ref.), entered on or about March 12, 2003, which granted respondent father’s motion for genetic marker tests, unanimously reversed, on the law, without costs, and the motion denied.

Petitioner’s assignor (petitioner) and respondent were married on February 24, 1984 and were still legally married as of October 8, 2002, the date on which petitioner testified at the hearing in this matter. During the marriage, petitioner gave birth to three children: Michael, on September 30, 1984, Thomas, on December 31, 1987, and Daniel, on May 13, 1990.…