Narrative Opinion Summary
Appeal dismissed unanimously without costs. An order of filiation is not appealable as of right when support is sought in the paternity petition. In this case, the Family Court reserved the decision on support in the order of filiation. Even if the merits of the appeal were considered, the court’s determination of paternity would be affirmed. The evidence supporting paternity includes the petitioner’s testimony of exclusive sexual relations with the respondent during the relevant period, along with DNA test results showing a 99.9% probability that the respondent is the child's father. The decision references previous cases to support its conclusions. The appeal originated from an order of the Ontario County Family Court, presided over by Judge Harvey, with the decision supported by Judges Denman, Pine, Balio, Boehm, and Fallon.
Legal Issues Addressed
Affirmation of Paternity Determinationsubscribe to see similar legal issues
Application: The court's determination of paternity would be upheld based on the evidence presented, even if the appeal were considered on its merits.
Reasoning: Even if the merits of the appeal were considered, the court’s determination of paternity would be affirmed.
Appealability of Orders of Filiationsubscribe to see similar legal issues
Application: An order of filiation is not subject to appeal as of right when the issue of child support is reserved for future determination.
Reasoning: An order of filiation is not appealable as of right when support is sought in the paternity petition. In this case, the Family Court reserved the decision on support in the order of filiation.
Evidence Supporting Paternitysubscribe to see similar legal issues
Application: The court's finding of paternity is supported by both testimonial evidence of exclusive sexual relations and DNA testing.
Reasoning: The evidence supporting paternity includes the petitioner’s testimony of exclusive sexual relations with the respondent during the relevant period, along with DNA test results showing a 99.9% probability that the respondent is the child's father.