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Patricia v. Michael

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1985
113 A.D.2d 935 (N.Y. App. Div. 1985)

Opinion

September 30, 1985

Appeal from the Family Court, Nassau County (Loewy, J.).


Order affirmed, without costs or disbursements.

On October 24, 1975, Patricia W. instituted a filiation proceeding. Appellant, age 19 and a college student, appeared in court. On December 12, 1975, he admitted paternity and an order of support was entered. Since that time, appellant has appeared several times before the court with respect to support payments for the child. It is alleged that at some of these appearances he made oral requests for a blood test which were denied. None of these denials was ever the subject of an appeal, until the instant case, which was brought by way of a formal written motion. The court denied the motion, and rightly so. Appellant has not presented any proof to support his contention that he is not the father of the child in question. After a period of eight years, something other than a request for an HLA test is required to negate appellant's prior admission of being the natural father (Jeanne M. v Richard G., 96 A.D.2d 549, appeal dismissed 61 N.Y.2d 637; Matter of June B. v Edward L., 69 A.D.2d 612). Gibbons, J.P., Thompson, Weinstein and Kunzeman, JJ., concur.


Summaries of

Patricia v. Michael

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1985
113 A.D.2d 935 (N.Y. App. Div. 1985)
Case details for

Patricia v. Michael

Case Details

Full title:PATRICIA W., Respondent, v. MICHAEL R., Appellant

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

Date published: Sep 30, 1985

Citations

113 A.D.2d 935 (N.Y. App. Div. 1985)

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