Opinion

Commissioner of Social Services ex rel. Mannion v. Murray

492 N.Y.S.2d 214 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1985

Full text

In the Matter of the Commissioner of Social Services of the County of Erie, on Behalf of Kathleen Mannion v. Thomas Murray

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 AD2d 1084). On this record Family Court was warranted in disbelieving the mother’s testimony. (Appeal from order of Erie County Family Court, Manz, J.— paternity.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

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Metadata

Status: Published
Author
Judges: Not listed
Cluster ID: 6017047

Citations

492 N.Y.S.2d 214
1985 N.Y. App. Div. LEXIS 56232
112 A.D.2d 724

Cited by

Kofford Ex Rel. Utah State Department of Social Services v. Flora
Utah Supreme Court · Sep 30, 1987
Commonwealth v. Beausoleil
Massachusetts Supreme Judicial Court · Apr 3, 1986

Parentheticals

finding of nonpaternity affirmed despite a greater than 90% probability of paternity because Family Court judge was warranted in disbelieving mother's testimony
Commonwealth v. Beausoleil
finding of nonpaternity affirmed despite a greater than 90% probability of paternity because Family Court judge was warranted in disbelieving mother’s testimony
Commonwealth v. Beausoleil