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MATTER OF COMMR. OF SOC. SERVICES v. MURRAY

Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 12, 1985

Order unanimously affirmed, without costs. Memorandum: We agree with Family Court that even if it had been received in evidence, the result of the human leucocyte antigen (HLA) test indicating a 91.02% likelihood of paternity, together with the other evidence in the case, did not prove respondent's paternity by clear and convincing evidence as a matter of law ( see, Matter of Ferguson v. Gonyou, 110 A.D.2d 1084). On this record Family Court was warranted in disbelieving the mother's testimony.