Ontario County Department of Social Services v. Kenneth L. S.

Appellate Division of the Supreme Court of New York

Ontario County Department of Social Services v. Kenneth L. S.

242 A.D.2d 864, 665 N.Y.S.2d 359, 1997 N.Y. App. Div. LEXIS 10395

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

DecidedSeptember 30, 1997

StatusPublished

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This text of 242 A.D.2d 864 (Ontario County Department of Social Services v. Kenneth L. S.) 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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Ontario County Department of Social Services v. Kenneth L. S., 242 A.D.2d 864, 665 N.Y.S.2d 359, 1997 N.Y. App. Div. LEXIS 10395 (N.Y. Ct. App. 1997).

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Opinion

Appeal unanimously dismissed without costs. Memorandum: An order of filiation is not appealable as of right where, as here, support is sought in the paternity petition (see, Matter of Jane PP. v Paul QQ., 64 NY2d 15, 17). Petitioner sought an order of support and decision on that issue was reserved by Family Court in the order of filiation. Were we to reach the merits of the appeal, we would nonetheless affirm. The court’s determination of paternity is supported by clear and convincing evidence. The testimony that petitioner had sexual relations exclusively with respondent during the critical period, together with the results of the DNA test indicating a 99.9% probability that respondent is the child’s father, provides clear and convincing evidence of respondent’s paternity (see, Matter of Julie W. v Adam S., 222 AD2d 1012; see generally, Matter of Jane PP. v Paul QQ., 65 NY2d 994, 996). (Appeal from Order of Ontario County Family Court, Harvey, J.—Paternity.) Present—Denman, P. J., Pine, Balio, Boehm and Fallon, JJ.

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Appeal unanimously dismissed without costs. Memorandum: An order of filiation is not appealable as of right where, as here, support is sought in the paternity petition (see, Matter of Jane PP. v Paul QQ., 64 NY2d 15, 17). Petitioner sought an order of support and decision on that issue was reserved by Family Court in the order of filiation. Were we to reach the merits of the appeal, we would nonetheless affirm. The court’s determination of paternity is supported by clear and convincing evidence. The testimony that petitioner had sexual relations exclusively with respondent during the critical period, together with the results of the DNA test indicating a 99.9% probability that respondent is the child’s father, provides clear and convincing evidence of respondent’s paternity (see, Matter of Julie W. v Adam S., 222 AD2d 1012; see generally, Matter of Jane PP. v Paul QQ., 65 NY2d 994, 996). (Appeal from Order of Ontario County Family Court, Harvey, J.—Paternity.) Present—Denman, P. J., Pine, Balio, Boehm and Fallon, JJ.

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242 A.D.2d 864, 665 N.Y.S.2d 359, 1997 N.Y. App. Div. LEXIS 10395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ontario-county-department-of-social-services-v-kenneth-l-s-nyappdiv-1997.

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