Darla E. v. Barry F.
Opinion of the Court
Appeal from an order of the Family Court of Albany County (Tepedino, J.H.O.), entered December 16, 1993, 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.
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.
Mercure, J. P., Crew III, White and Casey, JJ., concur. Ordered that the order is affirmed, without costs.
As there is no appeal as of right from an order of filiation in a proceeding in which an order of support is sought, the Court on its own motion deems the notice of appeal as an application for leave to appeal and leave to appeal is granted (Family Ct Act § 1112 [a]; see, Matter of Jane PP. v Paul QQ., 64 NY2d 15; Matter of Harvey-Cook [Margaret W.[ v Kevin X., 204 AD2d 793, 794).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.