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Matter of Director of Suffolk Cty. v. Eugene

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1989
148 A.D.2d 535 (N.Y. App. Div. 1989)

Opinion

March 13, 1989

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


Ordered that the appeal from the order entered June 23, 1987, is dismissed, as that order was superseded by the order entered September 30, 1987, made upon reargument; and it is further,

Ordered that the order entered September 30, 1987 is affirmed insofar as reviewed; and it is further,

Ordered that the petitioners are awarded one bill of costs.

The appellant admitted paternity and consented to an order of filiation and support on October 4, 1977. The Family Court properly denied his challenge to that order. His proffered evidence did not rise to the level contemplated by CPLR 5015 (a) (2). Further, after a 10-year period, more is required than a request for an HLA test to negate the appellant's prior admission of paternity (see, Matter of Constance S. v. Steven A., 130 A.D.2d 493, 494; Patricia W. v. Michael R., 113 A.D.2d 935, 936). Thompson, J.P., Lawrence, Kunzeman and Rubin, JJ., concur.


Summaries of

Matter of Director of Suffolk Cty. v. Eugene

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1989
148 A.D.2d 535 (N.Y. App. Div. 1989)
Case details for

Matter of Director of Suffolk Cty. v. Eugene

Case Details

Full title:In the Matter of DIRECTOR OF THE SUFFOLK COUNTY CSEB et al., Respondents…

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

Date published: Mar 13, 1989

Citations

148 A.D.2d 535 (N.Y. App. Div. 1989)
538 N.Y.S.2d 867

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