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MATTER OF JENNIFER W. v. DWAYNE P.

628C, 628B, 628A, 628, 627.

137 A.D.3d 671 (2016)

28 N.Y.S.3d 368

2016 NY Slip Op 02291

In the Matter of JENNIFER W., Respondent, v. DWAYNE P., Appellant. In the Matter of DWAYNE P., Appellant, v. JENNIFER W., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 29, 2016.

The Family Court's determination that appellant is the biological father of the subject child was supported by clear and convincing evidence (Matter of Commissioner of Social Servs. v Martinez, 96 A.D.2d 496, 496 [1st Dept 1983]). Under Family Court Act § 532, there is a rebuttable presumption of paternity if the results of genetic marker testing show that the probability of paternity is greater than 95%. In this case, the genetic...

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