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Matter of Oneida County DSS v. Amadeo

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 834 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Oneida County Family Court, Cook, J.

Present — Denman, P.J., Lawton, Fallon, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Petitioner met its burden of establishing paternity by clear and convincing evidence, "'evidence which is "entirely satisfactory" and creates a genuine belief that respondent is the father of the child'" (Matter of Stone [Chilinski] v Ilardo, 191 A.D.2d 965, quoting Matter of Commissioner of Social Servs. [Patricia A.] v Philip De G., 59 N.Y.2d 137, 141-142). The blood genetic marker test, which indicates that there is a 99.9% probability that respondent is the child's father, is entitled to great weight (see, Matter of Stone [Chilinski] v Ilardo, supra). That test also created a rebuttable presumption of paternity, which was not rebutted by respondent (see, Family Ct Act § 532 [a]). The court's comments regarding the rebuttable presumption were appropriate and do not require reversal. Contrary to respondent's argument, the oral decision of Family Court, which reviewed the mother's testimony and set forth the blood test results, satisfies the requirement of CPLR 4213 (b) that the court state the facts it deems essential.


Summaries of

Matter of Oneida County DSS v. Amadeo

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 834 (N.Y. App. Div. 1995)
Case details for

Matter of Oneida County DSS v. Amadeo

Case Details

Full title:In the Matter of ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of…

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 834 (N.Y. App. Div. 1995)
631 N.Y.S.2d 967

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