Hyperlawhypertext legal database Commissioner of Social Services ex rel. Mannion v. Murray 112 A.D.2d 724

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Commissioner of Social Services ex rel. Mannion v. Murray

112 A.D.2d 724 Court N.Y. App. Div. Decision date 1985-07-12 English

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p. 724
In the Matter of the Commissioner of Social Services of the County of Erie, on Behalf of Kathleen Mannion, Appellant, v Thomas Murray, Respondent.

Order unanimously affirmed, without costs. Memorandum: We agree with Family Court that even if it had been received in evidence, the result of the human leucocyte antigen (HLA) test indicating a 91.02% likelihood of paternity, together with the other evidence in the case, did not prove respondent’s paternity by clear and convincing evidence as a matter of law (see, Matter of Ferguson v Gonyou, 110 AD2d 1084 ). On this record Family Court was warranted in disbelieving the mother’s testimony. (Appeal from order of Erie County Family Court, Manz, J.— paternity.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

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