Opinion
April 27, 1998
Appeal from the Family Court, Dutchess County (Brands, J.).
Ordered that on the Court's own motion the notice of appeal from the order is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,
Ordered that the order is affirmed, with costs.
Contrary to the appellant's contention, the HLA and DNA test reports were properly admitted in evidence without foundation testimony ( see, Family Ct. Act § 532 Fam. Ct. Act; CPLR 4518 [e] [as amended by L 1994, ch 170]). The objections relating to the certification of the out-of-town laboratory that performed the DNA test and prepared the report are belied by the laboratory's certificate, which satisfied the requirements set forth in CPLR 4518 (d) ( see, Matter of Stone v. Ilardo, 191 A.D.2d 965). The fact that the laboratory is located outside this State does not render its report inadmissible, as the laboratory had been duly approved by the New York State Commissioner of Health ( see, Family Ct. Act § 532 Fam. Ct. Act [a] [as amended by L 1994, ch 170]; Matter of Menaldino v. Mark UU., 141 A.D.2d 265).
Given the HLA and DNA test reports indicating a 96.59% and a 99.96% probability, respectively, of paternity, together with the appellant's opportunities within the probable time frame of conception to have had sexual intercourse with the petitioner, the Family Court properly concluded that the appellant's paternity was established by clear and convincing evidence ( see, Matter of Commissioner of Social Servs. [Patricia A.] v. Phillip De G., 59 N.Y.2d 137, 141; Matter of Department of Social Servs. [Debra L.] v. William J., 191 A.D.2d 558).
The appellant's remaining contentions are without merit.
Joy, J.P., Krausman, Florio and McGinity, JJ., concur.