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MATTER OF KELLEY C. v. KIM M.

278 A.D.2d 893 (2000)

718 N.Y.S.2d 552

In the Matter of KELLEY C., as Parent and Legal Guardian and on Behalf of SERINA C., an Infant, Appellant, v. KIM M., Respondent. In the Matter of KELLEY C., as Parent and Legal Guardian and on Behalf of LOUIS C., an Infant, Appellant, v. KIM M., Respondent.

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

Decided December 27, 2000.

Order unanimously affirmed without costs.

Memorandum:

Family Court properly determined that these paternity proceedings are barred by res judicata. Petitioner contends that res judicata should not apply because the court in the prior paternity proceedings dismissed the petitions therein without considering the results of DNA testing, which indicated a high probability that respondent is the children's father. The order dismissing the prior petitions was dated...

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