MATTER OF GUTIERREZ v. GUTIERREZ-DELGADO


33 A.D.3d 1133 (2006)

823 N.Y.S.2d 248

In the Matter of DENA L. GUTIERREZ, Respondent, v. OSCAR GUTIERREZ-DELGADO, Appellant. (And Another Related Proceeding.)

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

Decided October 26, 2006.


Rose, J.

The parties were married in 2001, but lived together only intermittently. After two children were born in 2003 and 2004, petitioner commenced these custody proceedings and respondent asserted that he is not the children's biological father. In support of his claim, he sought an order directing release of the results of private DNA testing that had been conducted, allegedly with petitioner's consent, to determine paternity. Family Court denied respondent's...

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