From Casetext: Smarter Legal Research

Hoke v. Robert QQ.

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1994
209 A.D.2d 794 (N.Y. App. Div. 1994)

Opinion

November 10, 1994

Appeal from the Family Court of Broome County (Hester, Jr., J.).


In this filiation proceeding, the mother of the child testified as to her sexual relations with respondent. The results of a human leucocyte antigen (hereinafter HLA) test reported the probability of respondent's paternity to be 99.46%. Although respondent denied paternity, it was for Family Court to assess the witnesses' testimony. Here, the court rejected respondent's testimony as not credible. Considering the parties' testimony together with the HLA test results which are highly probative, there was clear and convincing evidence that respondent is the father of the child at issue. Accordingly, Family Court's adjudication of paternity should not be disturbed.

Cardona, P.J., White, Casey and Peters, JJ., concur. Ordered that the order is affirmed, without costs.


Summaries of

Hoke v. Robert QQ.

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1994
209 A.D.2d 794 (N.Y. App. Div. 1994)
Case details for

Hoke v. Robert QQ.

Case Details

Full title:In the Matter of THOMAS B. HOKE, as Commissioner of Broome County…

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

Date published: Nov 10, 1994

Citations

209 A.D.2d 794 (N.Y. App. Div. 1994)
618 N.Y.S.2d 478

Citing Cases

In re Vicki W

According to petitioner, the child, which was born on January 31, 1992, was conceived on May 9, 1991.…