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Matter of Denise v. John

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 748 (N.Y. App. Div. 1987)

Opinion

May 26, 1987

Appeal from the Family Court, Suffolk County (Snellenburg, J.).


Ordered that the matter is remitted to the Family Court, Suffolk County, for further findings of fact in accordance with the following memorandum, and the appeal is held in abeyance in the interim.

At the trial, the parties adduced conflicting evidence presenting sharp questions of credibility. Additionally, the court admitted into evidence the report of human leucocyte antigen (hereinafter HLA) and other blood test results indicating the likelihood of paternity for the respondent to be 96.82%.

In its decision, the Family Court indicated that "[t]he parties have not been frank with the Court" — thus suggesting that it found neither party to be credible. However, the court neglected to indicate what weight, if any, it had given to the blood test results.

We place great reliance upon the accuracy of the HLA test, having recently noted that it is "`highly accurate on the issue of paternity' * * * and should `be afforded great weight by the Bench and the Bar'" (Matter of Constance G. v. Herbert L., 119 A.D.2d 209, 212). Although we are empowered to consider the blood test results in light of all the evidence and in deciding the issue of paternity (see, Matter of Jose L.I., 46 N.Y.2d 1024), we consider it more appropriate to have the benefit of the trial court's assessment of the weight to be afforded the test results in light of its questioning of both parties' credibility. Thus, we remit the matter for that purpose. Bracken, J.P., Niehoff, Kooper and Sullivan, JJ., concur.


Summaries of

Matter of Denise v. John

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 748 (N.Y. App. Div. 1987)
Case details for

Matter of Denise v. John

Case Details

Full title:In the Matter of DENISE H., Appellant, v. JOHN C., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 26, 1987

Citations

130 A.D.2d 748 (N.Y. App. Div. 1987)

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