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MATTER OF DAMIEN v. J.G.

P 12913/14-11.

39 Misc.3d 243 (2012)

957 N.Y.S.2d 819

2012 NY Slip Op 22397

In the Matter of DAMIEN, Petitioner, v. J.G. et al., Respondents.

Family Court, Monroe County.

December 3, 2012.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender ( Jonathan Altman of counsel), for petitioner. Katie Woodruff , Attorney for the Children. Charles T. Noce , Conflict Defender ( Derek Thomson of counsel), for J.G., respondent. Lisa Maslow for C.G., respondent.

OPINION OF THE COURT

PATRICIA GALLAHER, J.

This case prevents the complex question of whether it would be in the best interests of the two subject girls to ignore racial facts and conclusions that will appear obvious to virtually anyone seeing the parties and subject children, when ruling on a paternity claim made against a marital presumption of legitimacy. Here, the dark-skinned and apparently African-American petitioner Damien filed to be declared the...

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