Pratt v. Victor B

Citation448 N.Y.S.2d 351,112 Misc.2d 487
PartiesIn the Matter of Nancy PRATT, Support Investigator o/b/o Gail A, Petitioner, v. VICTOR B, Respondent.
Decision Date18 January 1982
CourtNew York Family Court
MEMORANDUM OF DECISION

CHARLES F. GRANEY, Judge.

The petition was brought by the Genesee County Department of Social Services seeking an order declaring the respondent to be the father of the child of Gail A. The child was born on March 13, 1981 and was a full term baby. The mother has testified that she had sexual relations with the respondent on a regular basis during the months of March, April and June 1980. Respondent admitted to having sexual relations with the mother on about six occasions, but not after April 24, 1980.

Upon motion of the respondent a blood grouping test (Landsteiner red cell) was ordered and performed and upon motion of the petitioner a human leucocyte antigen blood tissue test (HLA) was ordered and performed. Prior to the amendment of Section 532 of the Family Court Act, effective March 2, 1981, the statute only provided for the red cell blood grouping test and provided that this test could be introduced into evidence only if the results exclude the putative father as a possible parent. This was because, while the test was a reliable and accepted scientific procedure, it was not sophisticated enough to exclude more than 60% of random males and therefore had no probative value as affirmative proof of paternity. The HLA test, on the other hand, can under certain circumstances exclude in excess of 98% of random males as a possible parent for a subject child. Because of its capabilities, well recognized in the scientific field, the New York Legislature has determined that this test can be of sufficient probative value to permit it to be used as affirmative evidence of paternity. The legislative history of the new amendment indicates that its purpose is to provide that the results of recognized scientific tests, which indicate with a high degree of certainty the probability of a particular individual being the father of a child, be received in evidence in paternity and support proceedings. Whether the instant proceeding is viewed as purely an economic action or one determinative of the child's status there are many important policy considerations that favor the accurate determination of paternity for every child born out-of-wedlock.

The petitioner offered in evidence the results of the HLA test. Testimony as to the performance of the test was given by the Supervisor of the American Red Cross Histo-compatability Department in Rochester, New York which performed the test. The test results were interpreted by Dr. Ruth Barrett, Pathologist, Arnold Gregory Hospital, Albion, New York, where the blood samples were secured. The results of the HLA test were accepted into evidence.

Dr. Barrett testified that the HLA test excluded all but 6% of random males of the respondent's race. Stated differently, the probability that the respondent was the father was sixteen to one. Dr. Barrett stated that in scientific terminology, it was "likely" that the respondent was the father. 1

Next the petitioner sought to introduce evidence of the red cell blood grouping test. Dr. Barrett testified that the test did not exclude the respondent and that when she combined information from that test with the information from the HLA test it would increase the precision of the identification process. The respondent objected to introduction of the test results on the basis that the statute only permits the red cell blood grouping test to be used as evidence if it excludes the putative father.

We feel that, even though the Legislature did not change the wording of the statute in this respect, the respondent's objection should be denied and the results of the red cell blood grouping test admitted in this case. Even though it is not provided for in the statute, common law rules of evidence would indicate the testimony can be received. Expert opinion may be given as to the results of reliable and accepted scientific tests (See Iovino v. Green Bus Lines, 277 A.D. 1002, 100 N.Y.S.2d 148 (2nd Dept. 1950); cf., Civil...

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4 cases
  • Department of Social Services on Behalf of Sandra C. v. Thomas J.S.
    • United States
    • New York Supreme Court Appellate Division
    • 19 March 1984
    ...... more than 60% of random males [100 A.D.2d 122] because such red blood cell testing involves only a limited number of variables (Matter of Pratt v. Victor B., 112 Misc.2d 487, 488, 448 N.Y.S.2d 351; Matter of Edward K. Marcy R., 106 Misc.2d 506, 434 N.Y.S.2d 108; Lascaris v. Lardeo, 100 ......
  • Angela B. v. Glenn D.
    • United States
    • New York Family Court
    • 15 November 1984
    ....... --------------- . . 1 Cf. Ch. 9, L.1981. . 2 Cf. Pratt v. Victor B., 112 Misc.2d 487, 448 N.Y.S.2d 351; Matter of Alicia C. v. Evaristo G., 93 A.D.2d 820, 460 N.Y.S.2d 616; Matter of Bowling, v. Coney, ......
  • Nassar on behalf of Brosemer v. Lake
    • United States
    • New York Family Court
    • 14 May 1984
    ...... Matter of Commissioner of Social Services v. James S, 112 Misc.2d 429, 447 N.Y.S.2d 109 (1982); Matter of Pratt v. Victor B, 112 Misc.2d 487, 448 N.Y.S.2d 351 (1982). See also Matter of Department of Social Services v. Thomas J.S., 100 A.D.2d 119, 123, 474 ......
  • Department of Social Services v. Kenneth S.N.
    • United States
    • New York Family Court
    • 25 July 1983
    ...... Family Court Act § 532, CPLR § 4518(c); Pratt v. Victor B., 112 Misc.2d 487, 448 N.Y.S.2d 351; Catherine H. v. James S., 112 Misc.2d 429, 447 N.Y.S.2d 109. While the respondent does not ......

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