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IN THE MATTER OF COMMISSIONER OF SOCIAL SERVICES v. JOSE M.

10 A.D.3d 498 (2004)

781 N.Y.S.2d 640

In the Matter of COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, as Assignee of JEANETTE M., Petitioner, v. JOSE M., Respondent. NANCY BOTWINIK, Esq., as Law Guardian, Appellant.

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

September 2, 2004.

Order, Family Court, New York County (Lisa Friederwitzer, Ref.), entered on or about March 12, 2003, which granted respondent father's motion for genetic marker tests, unanimously reversed, on the law, without costs, and the motion denied.

Petitioner's assignor (petitioner) and respondent were married on February 24, 1984 and were still legally married as of October 8, 2002, the date on which petitioner testified at the hearing in this matter. During the marriage...

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