Elizabeth A. P. v. Paul T. P.

Order reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant appeals from an order denying his application to modify a 1990 judgment of divorce. He sought the modification to eliminate the statement in the divorce decree that the child, Matthew, is a child born of the marriage between the parties. Defendant presented HLA test results excluding him as Matthew’s father, as well as plaintiff’s admission that she may have had another sexual partner at the approximate time of Matthew’s conception.

While…