Commissioner of Social Services ex rel. Mannion v. Murray

Appellate Division of the Supreme Court of New York

Commissioner of Social Services ex rel. Mannion v. Murray

112 A.D.2d 724, 492 N.Y.S.2d 214, 1985 N.Y. App. Div. LEXIS 56232

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1985

StatusPublished

Cited by4 cases

This text of 112 A.D.2d 724 (Commissioner of Social Services ex rel. Mannion v. Murray) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Social Services ex rel. Mannion v. Murray, 112 A.D.2d 724, 492 N.Y.S.2d 214, 1985 N.Y. App. Div. LEXIS 56232 (N.Y. Ct. App. 1985).

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Opinion

Order unanimously affirmed, without costs. Memorandum: We agree with Family Court that even if it had been received in evidence, the result of the human leucocyte antigen (HLA) test indicating a 91.02% likelihood of paternity, together with the other evidence in the case, did not prove respondent’s paternity by clear and convincing evidence as a matter of law (see, Matter of Ferguson v Gonyou, 110 AD2d 1084). On this record Family Court was warranted in disbelieving the mother’s testimony. (Appeal from order of Erie County Family Court, Manz, J.— paternity.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

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Order unanimously affirmed, without costs. Memorandum: We agree with Family Court that even if it had been received in evidence, the result of the human leucocyte antigen (HLA) test indicating a 91.02% likelihood of paternity, together with the other evidence in the case, did not prove respondent’s paternity by clear and convincing evidence as a matter of law (see, Matter of Ferguson v Gonyou, 110 AD2d 1084). On this record Family Court was warranted in disbelieving the mother’s testimony. (Appeal from order of Erie County Family Court, Manz, J.— paternity.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

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Bluebook (online)

112 A.D.2d 724, 492 N.Y.S.2d 214, 1985 N.Y. App. Div. LEXIS 56232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-ex-rel-mannion-v-murray-nyappdiv-1985.

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