Opinion
March 17, 1995
Appeal from the Supreme Court, Chautauqua County, Cass, Jr., J.
Present — Green, J.P., Wesley, Callahan, Doerr and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in denying plaintiff's motion for relief from those portions of the divorce judgment reciting that the child, Brittany, is born of the parties' marriage and directing plaintiff to provide child support. Plaintiff did not raise the issue of paternity until nearly two years after the divorce was final (cf., Cheryl B. v. Ronald B., 213 A.D.2d 1041 [decided herewith]), and his unsubstantiated assertions and speculation concerning defendant's blood type are insufficient to support his challenge to the paternity of the child (see, Matter of Beaudoin [Patricia B.] v. Robert A., 199 A.D.2d 842, 844; Matter of Rosa v. Diaz, 136 A.D.2d 512, 514; cf., Elizabeth A.P. v. Paul T.P., 199 A.D.2d 1030; Queal v. Queal, 179 A.D.2d 1070).