Schoharie County Department of Social Services v. George Q.
Court: Appellate Division of the Supreme Court of the State of New York; January 22, 1997; New York; State Appellate Court
An appeal was made by Yesawich Jr. J. from two orders of the Family Court of Schoharie County: (1) an order dated October 7, 1993, which adjudicated him as the father of a child born to Linda P., and (2) an order dated June 9, 1995, which directed him to pay child support. The first appeal was dismissed because no appeal lies as of right from a filiation order when support is also sought. However, the appeal regarding the support order allowed for a review of the paternity determination. Respondent challenged the paternity ruling, claiming insufficient proof. The court disagreed, indicating that even without the contested blood test results showing a 99.97% probability of paternity, the evidence presented convincingly established his paternity. The mother’s testimony was found credible and supported by the exclusion of another potential father through genetic testing. The court deemed the respondent's testimony and that of his witnesses as insufficient to counter the mother’s account. The court also noted that any potential error regarding the admission of the blood test results would not affect the outcome, as they were not deemed improper given the circumstances. Additionally, the claim that respondent was denied effective assistance of counsel was rejected as unconvincing. The court affirmed the order from June 9, 1995, and dismissed the appeal from the October 7, 1993 order, with no costs awarded.