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COMM'R OF SOC SERVS. v. FIGUEROA

240 A.D.2d 300 (1997)

659 N.Y.S.2d 744

Commissioner of Social Services, on Behalf of Tammy Plakstis, Respondent, v. Edward Figueroa, Appellant

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

June 19, 1997

The paternity determination is supported by clear and convincing evidence, namely, the HLA results indicating a 99.97% probability of paternity, testimony from both parties of sexual relations during the conception period, respondent's testimony, specifically credited by Family Court, that the parties did not use birth control, and respondent's unrebutted testimony that she did not have sexual relations with anyone other than appellant...

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