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Commissioner of Social Services v. Figueroa

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 1997
240 A.D.2d 300 (N.Y. App. Div. 1997)

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.


Summaries of

Commissioner of Social Services v. Figueroa

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 1997
240 A.D.2d 300 (N.Y. App. Div. 1997)
Case details for

Commissioner of Social Services v. Figueroa

Case Details

Full title:COMMISSIONER OF SOCIAL SERVICES, on Behalf of TAMMY PLAKSTIS, Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 19, 1997

Citations

240 A.D.2d 300 (N.Y. App. Div. 1997)
659 N.Y.S.2d 744