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MTR. OF MARTIN D v. LUCILLE F

9 Misc.3d 783 (2005)

800 N.Y.S.2d 902

In the Matter of MARTIN D., Petitioner, v. LUCILLE F., Respondent.

Family Court, Erie County.

August 11, 2005.

Attorney(s) appearing for the Case

Brian D. Smith for petitioner.

Robert A. Shepherd for respondent.

Thomas A. Deuschle, Law Guardian.

Frederick A. Wolf, County Attorney (Robert J. Pierce of counsel), for Erie County Department of Social Services.

OPINION OF THE COURT

ROSALIE S. BAILEY, J.

This proceeding seeks to vacate an acknowledgment of paternity signed by petitioner, Martin D., on November 1, 1997. It is uncontested that prior to filing this petition, Mr. D. surreptitiously obtained a private genetic marker test during his visitation with the child. This was performed by an unlicensed laboratory and purported to exclude him as the father.

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