Commissioner of Columbia County Department of Social Services v. Peter JJ.

Appeal from an order of the Family Court of Columbia County (Zittell, J.), entered March 9, 1992, which, in a proceeding pursuant to Family Court Act article 5, granted respondent’s motion for summary judgment and dismissed the petition.

In January 1975, Linda II. filed a petition alleging that respondent was the father of an out-of-wedlock child born to her on November 30, 1974, and seeking a declaration of paternity and an order of support. A blood test performed at that time did not rule out the possibility that respondent was the father. In November 1975, Linda II. and respondent entered…