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Matter of Ontario Co. D.S.S. v. Kenneth L

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 864 (N.Y. App. Div. 1997)

Opinion

September 30, 1997

Appeal from Ontario County Family Court, Harvey, J.

Present — Denman, P.J., Pine, Balio, Boehm and Fallon, JJ.


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 N.Y.2d 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 A.D.2d 1012; see generally, Matter of Jane PP. v. Paul QQ., 65 N.Y.2d 994, 996).


Summaries of

Matter of Ontario Co. D.S.S. v. Kenneth L

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 864 (N.Y. App. Div. 1997)
Case details for

Matter of Ontario Co. D.S.S. v. Kenneth L

Case Details

Full title:In the Matter of ONTARIO COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf…

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

Date published: Sep 30, 1997

Citations

242 A.D.2d 864 (N.Y. App. Div. 1997)
665 N.Y.S.2d 359