Summary
finding of nonpaternity affirmed despite a greater than 90% probability of paternity because Family Court judge was warranted in disbelieving mother's testimony
Summary of this case from Commonwealth v. BeausoleilOpinion
July 12, 1985
Appeal from the Erie County Family Court, Manz, J.
Present — Dillon, P.J., Callahan, Boomer, Green and Schnepp, JJ.
Order unanimously affirmed, without costs. Memorandum: We agree with Family Court that even if it had been received in evidence, the result of the human leucocyte antigen (HLA) test indicating a 91.02% likelihood of paternity, together with the other evidence in the case, did not prove respondent's paternity by clear and convincing evidence as a matter of law ( see, Matter of Ferguson v. Gonyou, 110 A.D.2d 1084). On this record Family Court was warranted in disbelieving the mother's testimony.