Appellate Division of the Supreme Court of New York, 1985

Harstein v. Mike S.

Appellate Division of the Supreme Court of New York · Decided January 14, 1985

107 A.D.2d 684; 484 N.Y.S.2d 39; 1985 N.Y. App. Div. LEXIS 49802

Cases that cite this one

14 later published cases cite this decision.

Shirley R. v. Ricardo B. (Appellate Division of the Supreme Court of New York 1988)
Matter of Caroline D. v. Travis S. (Appellate Division of the Supreme Court of New York 2019)
In re Lisa C. (Appellate Division of the Supreme Court of New York 2010)
Erie County Department of Social Services v. Alvin E. (Appellate Division of the Supreme Court of New York 1996)
Karen B. v. Julio Frederic C. (Appellate Division of the Supreme Court of New York 1995)
Erie County Department of Social Services v. Charlie S. (Appellate Division of the Supreme Court of New York 1993)
Erie County Department of Social Services v. Abdallah (Appellate Division of the Supreme Court of New York 1992)
Louise S. v. Timothy E. (Appellate Division of the Supreme Court of New York 1992)
Erin Y. v. Frank Z. (Appellate Division of the Supreme Court of New York 1990)
Nancy M. G. v. James M. (Appellate Division of the Supreme Court of New York 1989)
Everlyn T. v. Willis Charles T. (Appellate Division of the Supreme Court of New York 1989)
A. T. v. M. K. (NYC Family Court 1989)
Menaldino v. Mark UU. (Appellate Division of the Supreme Court of New York 1988)
Maud S. v. Richard A. (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In a proceeding pursuant to article 5 of the Family Court Act to establish paternity and for an order of support, the appeal is from an order of the Family Court, Westchester County (Kaiser, J.), dated July 26, 1983, which, after a hearing, adjudged appellant to be the father of the child.

Appeal dismissed, without costs or disbursements; no appeal lies as of right from an order of filiation entered in a proceeding in which an order of support is requested (Family Ct Act, § 1112; Matter of Jane PP. v Paul QQ., 64 NY2d 15; Matter of Susan W. v Amhad Q., 65 AD2d 594).

The notice of appeal is deemed an application for leave to appeal from the order of filiation dated July 26, 1983. Leave to appeal granted (see Family Ct Act, § 1112, subd [a]).

Upon appeal by permission, order affirmed, without costs or disbursements.

*685Appellant’s paternity was established by clear and convincing evidence. HLA test results indicated there is a 96.1% probability that appellant is the child’s father and the hearing court credited the testimony of the child’s mother as to the essential elements of proof necessary to sustain the petition (see Matter of Department of Social Servs. v Jay W., 105 AD2d 19). Mangano, J. P., Gibbons, O’Connor and Brown, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.