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Matter of Allen v. Lawrence

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 721 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

Appeal from the Family Court, Westchester County (Braslow, J.).


Ordered that the order is affirmed, with costs.

In a paternity proceeding, the findings of the hearing court are entitled to great weight and, generally, should not be disturbed on appeal unless they are found to be contrary to the weight of the evidence (see, Matter of Everlyn T. v. Willis Charles T., 155 A.D.2d 546). Here, the results of the human leucocyte antigen test and other blood marker tests indicate a 99.72% probability of the appellant's paternity. Although not conclusive with regard to the issue of paternity, these results are highly probative (see, Matter of Nancy M.G. v. James M., 148 A.D.2d 714) and, coupled with the petitioner's testimony, which was found to be credible by the hearing court and which contains the essential elements of proof necessary to sustain the petition, establish the appellant's paternity by clear and convincing evidence (see, Matter of Commissioner of Social Servs. v. Philip De G., 59 N.Y.2d 137, 141-142; Matter of Department of Social Servs. v. Richard A., 121 A.D.2d 382).

We have examined the appellant's remaining contentions and find them to be without merit. Sullivan, J.P., Balletta, Rosenblatt and Florio, JJ., concur.


Summaries of

Matter of Allen v. Lawrence

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 721 (N.Y. App. Div. 1994)
Case details for

Matter of Allen v. Lawrence

Case Details

Full title:In the Matter of JOHN J. ALLEN, on Behalf of MARCELLINE O., Respondent, v…

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

Date published: Oct 17, 1994

Citations

208 A.D.2d 721 (N.Y. App. Div. 1994)
617 N.Y.S.2d 528

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