Donald I v. Teresa K
| Decision Date | 30 November 1995 |
| Parties | In the Matter of DONALD "I", 1 Appellant, v. TERESA "K",1 Respondent. |
| Court | New York Supreme Court — Appellate Division |
Donald I, Fallsburg, appellant in pro per.
Before MIKOLL, J.P., and WHITE, CASEY, PETERS and SPAIN, JJ.
Appeal from an order of the Family Court of Schenectady County (Griset, J.), entered June 20, 1994, which dismissed petitioner's application, in a proceeding pursuant to Family Court Act article 5, to adjudicate petitioner as the father of a child born to respondent.
Petitioner, an inmate at a State correctional facility, commenced this proceeding to obtain an order of filiation regarding a child born to respondent on September 30, 1990. Notwithstanding respondent's opposition to such order at the parties' first appearance before Family Court, blood tests were ordered. At their next appearance before Family Court, the court discussed with the parties and their counsel the results of the tests. During a colloquy between petitioner and the court, it was explained to petitioner that both the HLA and DNA test results showed scientifically that he could not be the father. Petitioner disagreed with such results, vowed to "fight it" and even advised that he would file an appeal should the court dismiss the petition. Counsel for the Department of Social Services requested a dismissal of the petition as a result of the blood grouping tests, which was granted by the court. This appeal by petitioner ensued.
We find that there must be a reversal since Family Court erred in dismissing the petition solely on the basis of the results of blood grouping tests. While Family Court Act § 532 permits the results of blood grouping tests to be received in evidence, such evidence must be admitted in the context of a fact-finding hearing. Here, despite petitioner's protestations, no hearing was conducted (see, Matter of Juliet C. v. Gerald B., 202 A.D.2d 196, 608 N.Y.S.2d 215; Matter of Burns v. Craven, 192 A.D.2d 1130, 596 N.Y.S.2d 274). Clearly, (Matter of L.I. v. E.T.R., 155 Misc.2d 74, 79, 588 N.Y.S.2d 65).
ORDERED that the order is reversed, on the law, without costs, and matter remitted to the Family Court of ...
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Albany County Dept. of Social Services on Behalf of Judy T. v. John T.
...as to paternity, this says no more than that blood tests do not prove paternity beyond all doubt (see, Matter of Donald I v. Teresa K, 221 A.D.2d 862, 634 N.Y.S.2d 255). They are, however, closely approaching that standard. Family Court Act § 532 provides that "if the results of any such bl......