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WESTCHESTER DSS v. ROBERT WR

25 A.D.3d 62 (2005)

803 N.Y.S.2d 672

In the Matter of WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of MELISSA B., Appellant, v. ROBERT W.R., Respondent.

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

October 31, 2005.

Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney, White Plains (Stacey Dolgin-Kmetz and Brendan J. McGrath of counsel), for appellant.

SCHMIDT, J.P., ADAMS and S. MILLER, JJ., concur.

OPINION OF THE COURT

COZIER, J.

This appeal presents for our consideration two issues of first impression. First, whether Family Court Act § 516-a (b) requires the Family Court to conduct a hearing before ordering a genetic marker test (hereinafter GMT) to determine issues of fraud, duress, or material mistake of fact upon receiving a challenge to an acknowledgment of paternity brought more than 60 days...

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