Commissioner of Social Services v. Dennis

—Order, Family Court, New York County (Edward Kaufmann, J.), entered on or about July 17, 1995, which denied respondent’s motion to vacate an order of filiation upon the ground of newly-discovered evidence, and for a new DNA test using new blood specimens that were not used on a previous HLA test, unanimously affirmed, without costs.

The motion to vacate the order of filiation was properly denied on the grounds that the evidence respondent now wants considered, which he argues shows that he was out of town and had no access to the child’s mother during the period of possible conception, was…