Opinion
June 19, 1997
Appeal from the Family Court, New York County (Gloria Sosa-Lintner, J.).
The paternity determination is supported by clear and convincing 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 A.D.2d 335; Matter of Commissioner of Social Servs. v. Klaus D., 188 A.D.2d 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.