Opinion
December 14, 1995
Appeal from the Family Court of Albany County (Tepedino, J.H.O.).
The record fully supports Family Court's determination that respondent is the natural father of petitioner's child born on May 6, 1988. While respondent denied anything more than a mere casual acquaintanceship with petitioner based solely upon their independent frequenting of the same tavern over a period of years, and claimed that he had not even seen petitioner in the year preceding her pregnancy, the court specifically found that respondent's testimony was not credible. The results of genetic testing, which included the human leukocyte antigen (HLA) blood test, indicated that the probability of respondent being the child's father is 99.99% within the North American Caucasian population and provides strong evidence of paternity. The blood test proof coupled with petitioner's extensive and detailed answers to respondent's interrogatories, which were admitted into evidence without objection, provide the clear and convincing evidence necessary to establish paternity.
Respondent, having failed to object to the admission of the blood test results on grounds other than the refusal of Family Court to order petitioner to pay the expense of a third blood test desired by respondent, cannot now challenge the adequacy of the test's foundation ( see, Matter of Helen NN. v Daniel OO., 187 A.D.2d 860; Matter of Clovsky v Stanley VV., 176 A.D.2d 419, lv denied 79 N.Y.2d 753). In any event, we reject respondent's argument that the test records were not properly certified in accordance with CPLR 4518 (c) ( see, Matter of Stone [Chilinski] v Ilardo, 191 A.D.2d 965). Respondent's contention that Family Court erred in failing to require petitioner, a Florida resident, to personally testify at the hearing has no merit ( see, Domestic Relations Law § 37 [5]; Matter of Karen B. v Julio C., 217 A.D.2d 658, 658-659; Matter of Kyra D.G. v Jeffrey W., 203 A.D.2d 569, 570).
Mercure, J.P., Crew III, White and Casey, JJ., concur. Ordered that the order is affirmed, without costs.