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MATTER OF COSTELLO v. R.

109 A.D.2d 933 (1985)

In the Matter of Earl Costello, as Commissioner of The Washington County Department of Social Services, on Behalf of Lucretia I., Appellant, v. Timothy R., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 7, 1985

Mikoll, J.

In a paternity proceeding brought against respondent seeking a declaration that he is the father of a female child born out of wedlock to Lucretia I. on April 12, 1981, a request was made by petitioner that a human leukocyte antigen test (HLA) be ordered pursuant to Family Court Act § 532 (a) at petitioner's expense. Family Court denied the application for the HLA test and dismissed the petition without a hearing, holding that petitioner...

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