Commissioner of Social Services ex rel. Plakstis v. Figueroa

Appellate Division of the Supreme Court of New York

Commissioner of Social Services ex rel. Plakstis v. Figueroa

240 A.D.2d 300, 659 N.Y.S.2d 744, 1997 N.Y. App. Div. LEXIS 6665

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

DecidedJune 19, 1997

StatusPublished

This text of 240 A.D.2d 300 (Commissioner of Social Services ex rel. Plakstis v. Figueroa) 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.

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Commissioner of Social Services ex rel. Plakstis v. Figueroa, 240 A.D.2d 300, 659 N.Y.S.2d 744, 1997 N.Y. App. Div. LEXIS 6665 (N.Y. Ct. App. 1997).

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Opinion

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about July 19, 1996, which denied appellant’s objections to the Hearing Examiner’s order of support, and bringing up for review an order, Family Court, Queens County (Joseph Lauria, J.), entered February 9, 1995, which adjudged appellant to be the father of the subject child, unanimously affirmed, with costs.

The paternity determination is supported by clear and [301]*301convincing evidence, namely, the HLA results indicating a 99.97% probability of paternity, testimony from both parties of sexual relations during the conception period, respondent’s testimony, specifically credited by Family Court, that the parties did not use birth control, and respondent’s unrebutted testimony that she did not have sexual relations with anyone other than appellant during the conception period (see, Matter of Sharon H. v Terry P., 232 AD2d 335; Matter of Commissioner of Social Servs. v Klaus D., 188 AD2d 381). Appellant’s claim that the HLA test, indicating a 99.97% probability of paternity, was tainted because it was based upon a combined index that included an inadmissible DNA index of 1.71 is unpreserved and we decline to review it. Concur—Sullivan, J. P., Rosenberger, Ellerin, Williams and Colabella, JJ.

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Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about July 19, 1996, which denied appellant’s objections to the Hearing Examiner’s order of support, and bringing up for review an order, Family Court, Queens County (Joseph Lauria, J.), entered February 9, 1995, which adjudged appellant to be the father of the subject child, unanimously affirmed, with costs.

The paternity determination is supported by clear and [301]*301convincing evidence, namely, the HLA results indicating a 99.97% probability of paternity, testimony from both parties of sexual relations during the conception period, respondent’s testimony, specifically credited by Family Court, that the parties did not use birth control, and respondent’s unrebutted testimony that she did not have sexual relations with anyone other than appellant during the conception period (see, Matter of Sharon H. v Terry P., 232 AD2d 335; Matter of Commissioner of Social Servs. v Klaus D., 188 AD2d 381). Appellant’s claim that the HLA test, indicating a 99.97% probability of paternity, was tainted because it was based upon a combined index that included an inadmissible DNA index of 1.71 is unpreserved and we decline to review it. Concur—Sullivan, J. P., Rosenberger, Ellerin, Williams and Colabella, JJ.

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240 A.D.2d 300, 659 N.Y.S.2d 744, 1997 N.Y. App. Div. LEXIS 6665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-ex-rel-plakstis-v-figueroa-nyappdiv-1997.

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