Helen NN. v. Daniel OO.
Opinion of the Court
Appeal from an order of the Family Court of Saratoga County (Ferradino, J.), entered October 18, 1991, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 5, to adjudicate respondent as the father of a child born to petitioner.
Initially, we note that respondent failed to object to the admission into evidence of the human leucocyte antigen (hereinafter HLA) blood test and, therefore, he cannot now challenge Family Court’s review of the test results (see, Matter of Kimiecik v Daryl E., 92 AD2d 1063). In any event, we reject respondent’s contention that the HLA test was introduced without proper foundation. The results were properly certified in accordance with CPLR 4518 (c) and no other foundational requirements were necessary to admit the results (see, Matter of Beaudoin v David RR., 152 AD2d 776, 777; Matter of Menaldino v Mark UU., 141 AD2d 265, 268).
We are also unpersuaded by respondent’s contention that petitioner failed to meet her burden of proving paternity by clear and convincing evidence. Petitioner testified that, during the time of conception, she had sexual relations with no one other than respondent. Respondent, however, disagrees as to
Mikoll, J. P., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.