Moon on Behalf of Robin ZZ v. Mark A
| Decision Date | 28 March 1985 |
| Citation | 487 N.Y.S.2d 128,109 A.D.2d 1017 |
| Parties | In the Matter of William R. MOON, as Commissioner of Social Services, on Behalf of ROBIN "ZZ", * Appellant, v. MARK "A",* Respondent. |
| Court | New York Supreme Court — Appellate Division |
Carl F. Becker, Stamford, for appellant.
Kevin A. Conine, Delhi, for respondent.
Before MAHONEY, P.J., and MIKOLL, YESAWICH and LEVINE, JJ.
Appeal from an order of the Family Court of Delaware County, entered December 20, 1983, which dismissed the petition in a proceeding brought to establish paternity of petitioner's child.
In this paternity proceeding, it was established that petitioner and respondent first began dating in August 1981. The 18-year-old mother testified that they first had sexual intercourse sometime in January 1982 while respondent, the 16-year-old alleged father, stated that they had sexual intercourse on their first date. Petitioner testified that she last had sexual intercourse with respondent at the end of May 1982. She said she began seeing another man in June and had intercourse with him in September 1982. Respondent said he and petitioner broke up at the end of May or the first week in June 1982 after he found out the other man was coming to petitioner's house to see her. Petitioner's mother testified that petitioner was going out with the other man in June 1982.
Respondent testified that the last time he had intercourse with petitioner was in the middle of May. Petitioner stated that she missed her regular period at the end of May 1982. She said she had normal menstruation during June, July, August, September and October 1982 after breaking up with respondent, and denied having had a miscarriage. Two witnesses testified that petitioner said she had a miscarriage. One witness testified that petitioner told her that if she knew respondent was the father of the child, she would have named the baby's middle name after him. Petitioner also testified that she missed her periods in November and December 1982, and that she was taken to the hospital complaining of abdominal pains on January 13, 1983. She was advised that she was pregnant and gave birth to a baby boy the following day.
Hospital records concerning the birth were admitted into evidence as well as a report of the results of a human leucocyte antigen (HLA) blood tissue test, which showed that respondent could not be excluded as being the father of the child and that the possibility of paternity rating was in the 98.91% category. The hospital records reported the baby to be a full-term baby, but the admitting diagnosis indicated "premature labor". However, other items concerning date of conception, date of last menstrual period and gestation were left blank or marked with a question mark. There was no expert medical testimony to explain the hospital records or the blood test results.
After trial, Family Court found that petitioner failed to prove respondent to be the father of her child to the entire satisfaction of the court and dismissed the petition. This appeal ensued.
Petitioner contends that there is sufficient proof in the record to satisfy her burden of proof and that the finding of Family Court should be reversed...
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