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Matter of D'Elia v. Curtis

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 768 (N.Y. App. Div. 1992)

Opinion

May 11, 1992

Appeal from the Family Court, Nassau County (DeMaro, J.).


Ordered that the order is affirmed, without costs or disbursements.

While the results of a human leucocyte antigen (hereinafter HLA) test are highly probative, they are not conclusive (see, Matter of Denise H. v. John C., 135 A.D.2d 816; Matter of Terri OO. v. Michael QQ., 132 A.D.2d 812; Matter of Moon v. Mark A., 109 A.D.2d 1017; Matter of Department of Social Servs. v. Thomas J.S., 100 A.D.2d 119). An HLA test result is only one item of evidence among many which the trier of fact has at its disposal to aid in its determination and the result need only be given such weight as the trier of fact deems appropriate (see, Matter of Nancy M.G. v. James M., 148 A.D.2d 714). Despite the existence of HLA test results indicating a high probability that the respondent was the father of the three children in question, the Family Court nevertheless found the petitioner's testimony was not sufficiently credible to rebut the presumption of legitimacy (see, Matter of Findlay, 253 N.Y. 1). We find no basis in the record before us to disturb that determination (see, Matter of Shirley R. v. Ricardo B., 144 A.D.2d 472; Matter of Cortland County Dept. of Social Servs. v. Thomas ZZ., 141 A.D.2d 119; Matter of Otsego County Dept. of Social Servs. v. Thomas N., 137 A.D.2d 892; Matter of Constance G. v Lewis, 119 A.D.2d 209; Matter of Morris v. Terry K., 60 A.D.2d 728). Sullivan, J.P., Balletta, Eiber and O'Brien, JJ., concur.


Summaries of

Matter of D'Elia v. Curtis

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 768 (N.Y. App. Div. 1992)
Case details for

Matter of D'Elia v. Curtis

Case Details

Full title:In the Matter of JOSEPH A. D'ELIA, on Behalf of EDITH B., Appellant, v…

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

Date published: May 11, 1992

Citations

183 A.D.2d 768 (N.Y. App. Div. 1992)
583 N.Y.S.2d 500

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