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

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1985·Published·Cited by 4 cases

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.

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).

Pincite

112 A.D.2d 724 (Commissioner of Social Services ex rel. Mannion v. Murray) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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