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MATTER OF MEAGHAN E.A. SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES v. JOHN T.H.

293 A.D.2d 399 (2002)

745 N.Y.S.2d 5

In the Matter of MEAGHAN E.A. SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, as Assignee of CAPRICE A., Respondent, v. JOHN T.H., Appellant.

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

Decided April 25, 2002.

At respondent's request, we treated his notice of appeal as an application for leave to appeal, and granted the application with petitioner's consent (see, Matter of M.C. v O.C., 270 A.D.2d 48).

Respondent's paternity was established by clear and convincing evidence, including, in particular, a blood genetic marker test indicating a 99.68% probability of paternity that created a presumption of paternity (CPLR 4518 [d];

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