Niagara County Department of Social Services v. Reichard

Appellate Division of the Supreme Court of New York

Niagara County Department of Social Services v. Reichard

144 A.D.2d 966, 534 N.Y.S.2d 46, 1988 N.Y. App. Div. LEXIS 14456

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1988·Published·Cited by 1 cases

Opinion

Appeal unanimously dismissed with costs. Memorandum: A filiation order which does not provide for support is not appealable without permission when support is requested in the petition (Matter of Jane PP. v Paul QQ., 64 NY2d 15, affd on remittal 108 AD2d 1050 revd and remanded for new hearing 65 NY2d 994; Adams v Brant, 130 AD2d 957). Had the matter been properly before us, we would have affirmed. Although the court erred by admitting the HLA test results without a proper foundation the testimony of the mother and the respondent constituted clear and convincing evidence of paternity. (Appeal from order of Niagara County Family Court, Halpin, J. — paternity.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.

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Appeal unanimously dismissed with costs. Memorandum: A filiation order which does not provide for support is not appealable without permission when support is requested in the petition (Matter of Jane PP. v Paul QQ., 64 NY2d 15, affd on remittal 108 AD2d 1050 revd and remanded for new hearing 65 NY2d 994; Adams v Brant, 130 AD2d 957). Had the matter been properly before us, we would have affirmed. Although the court erred by admitting the HLA test results without a proper foundation the testimony of the mother and the respondent constituted clear and convincing evidence of paternity. (Appeal from order of Niagara County Family Court, Halpin, J. — paternity.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.

Niagara County Department of Social Services v. Reichard, 144 A.D.2d 966, 534 N.Y.S.2d 46, 1988 N.Y. App. Div. LEXIS 14456 (N.Y. Ct. App. 1988).

Pincite

144 A.D.2d 966 (Niagara County Department of Social Services v. Reichard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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