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Thomas F. v. Victoria G.

194 A.D.2d 670 Court N.Y. App. Div. Decision date 1993-06-14 English

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p. 670
In the Matter of Thomas F., Appellant, v Victoria G., Respondent.
[598 NYS2d 1000]

—In a proceeding pursuant to Family Court Act article 5 to establish paternity, the petitioner appeals from an order of the Family Court, Queens County (Schindler, J.), dated February 26, 1991, which dismissed the proceeding without a hearing.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly dismissed the proceeding without a hearing, since the blood tests conclusively excluded the possibility of paternity and the authenticity of the test results was not challenged (see, Family Ct Act § 532; Ghaznavi v Gordon, 163 AD2d 194 , 195). We find no merit to the petitioner’s contention that the unmarried mother was estopped from denying that the petitioner was the father of the child (cf., Matter of Ettore I. v Angela D., 127 AD2d 6 ; Matter of Sharon GG. v Duane HH., 95 AD2d 466 , affd 63 NY2d 859 ). Mangano, P. J., O’Brien, Ritter and Pizzuto, JJ., concur.

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