HLA test in New York

1995HLA test results, while not conclusive, are considered to be highly accurate on the issue of paternity and should be accorded strong evidentiary value (Matter of Commissioner of Social Servs. [Mary W.] v Kenneth L., 188 AD2d 1080, 1082 ; Matter of Bowling [Morgan] v Coney, 91 AD2d 1195, 1196 ).

1988The HLA test result of 99.94% is highly accurate and should be accorded great weight (Matter of Denise H. v John C., 130 AD2d 748 ; Matter of Bowling v Coney, 91 AD2d 1195 ).

1985We have consistently placed reliance upon the accuracy of the HLA test (Matter of Riley v Benware, 105 AD2d 1122, 1123 ; Matter of Commissioner of Social Seros, v Stephen H., 94 AD2d 936 ).

1984In view of the strong policy reasons in favor of admitting HLA test results, and the fact that both counsel and court were unaware that such evidence could be introduced as affirmative proof at the time of the hearing, it was not an abuse of discretion for the court to vacate its order and grant petitioner’s request for an HLA test. 11 There is no merit to respondent’s additional arguments that his Fifth Amendment privilege against self incrimination was violated (see Matter of Commissioner of Social Servs. of County of Erie v Bailey, 96 AD2d 1147 ; Matter of Commissioner of Social Servs. of C

1996It is well settled that "[w]hile proof of sexual relations with others during the critical time period, even where coupled with a very high probability HLA test result, may cause an insufficiency in proof * * * such proof is not necessarily fatal to [the] paternity proceeding” (Matter of Amy J. v Brian K., 161 AD2d 1022,1023 ; see, Matter of Jane PP. v Paul QQ., 65 NY2d 994 ; Matter of Commissioner of Social Servs. of City of N. Y. [Celia D.] v Hector S., 216 AD2d 81 ; Matter of Beaudoin [Patricia B.[ v Robert A., 199 AD2d 842 ; Matter of Otsego County Dept. of Social Servs. [Debby UU.[ v John

1995While it is true that proof of sexual relations with others "during the critical time period”, even when coupled with a very high probability HLA test result, may cause an insufficiency of proof (Matter of Amy J. v Brian K., 161 AD2d 1022 ), in this case, the vagueness of the mother’s testimony as to the precise date on which she engaged in sexual relations with the respondent’s cousin precludes a finding that it occurred during "the critical time period”.

1995The other three (Matter of David CC. v Rose GG., 142 AD2d 797 ; Matter of Terri OO. v Michael QQ., 132 AD2d 812 ; Matter of Kimiecik [Sandra T] v Jesse U., 111 AD2d 976 ) all flow from a prior Third Department decision (Matter of Julie UU. v Joseph VV., 108 AD2d 1038,1039 ) which summed up the state of the law in 1985 that HLA test results were "yet to be regarded as conclusive and unanswerable evidence of paternity”.

1990This was an inadequate basis upon which to find paternity (see, Matter of Julie UU. v Joseph VV., 108 AD2d 1038, 1039 ), particularly because the HLA test results did not establish a significantly high degree of likelihood of respondent’s parentage (see, 1 Schatkin, Disputed Paternity Proceedings § 8.13, at 128 [4th rev ed (1989 supp)]).

1984Moreover, prior to the enactment of the 1981 amendment of section 532 of the Family Court Act, several courts in this State had urged passage of a statute allowing the admissibility of the HLA test results as inclusionary evidence (Matter of Edward K. v Marcy R., 106 Misc 2d 506, 509 , supra; Jane L. v Rodney B., 103 Misc 2d 9, 12 ; Matter of Goodrich v Norman, 100 Misc 2d 33, 38-39 , supra).

1981In her decision on that motion Family Court Judge McDonald referred to the argument that a positive HLA test result proved a man’s paternity with “approximately 95% accuracy” (Jane L. v Rodney B., 103 Misc 2d 9,10 ) and joined in the recommendation in opinions of other Judges that a statutory amendment should be considered that would permit a petitioner’s introduction into evidence of HLA results ( 103 Misc 2d, at p 12 ).

1996G. v James M., 148 AD2d 714 ), which indicated a 99.85% probability of paternity, were accorded undue weight by the hearing court (see, Matter of Niagara County Dept. of Social Servs. [Kimmie W.] v Randy M., 206 AD2d 878 ; Matter of Commissioner of Social Servs. of Saratoga County [Jo W.] v David X., 186 AD2d 871 ; Matter of Erin Y. v Frank Z., 163 AD2d 636 ).

1995G. v James M., 148 AD2d 714 ).

1995In one (Matter of Moon [Robin ZZ.] v Mark A., 109 AD2d 1017, 1019 ), HLA test results were deemed "inconclusive in the absence of expert explanatory testimony”, which is not the case here.

1993The results of the HLA test are not conclusive on the issue of paternity (see, e.g., Matter of Denise H. v John C., 135 AD2d 816 ; Matter of Terri OO. v Michael QQ., 132 AD2d 812 ; Matter of Moon v Mark A., 109 AD2d 1017 ).

1995HLA test results, while not conclusive, are considered to be highly accurate on the issue of paternity and should be accorded strong evidentiary value (Matter of Commissioner of Social Servs. [Mary W.] v Kenneth L., 188 AD2d 1080, 1082 ; Matter of Bowling [Morgan] v Coney, 91 AD2d 1195, 1196 ).

1994A favorable HLA test, while not conclusive, is, nevertheless, regarded as highly accurate on the issue of paternity (Matter of Commissioner of Social Servs. [Mary W.] v Kenneth L., 188 AD2d 1080 ).

1989Further, after a 10-year period, more is required than a request for an HLA test to negate the appellant’s prior admission of paternity (see, Matter of Constance S. v Steven A., 130 AD2d 493, 494 ; Patricia W. v Michael R., 113 AD2d 935, 936 ).

1988Under these circumstances 'something other than a request for a HLA test is required to negate [the respondent’s] prior admission of being the natural father’ (Patricia W. v Michael R., 113 AD2d 935, 936 ).” (Supra, at 494.) That "other something” has been presented in the instant case.

1997The results were properly certified by a physician delegate of Roche Biomedical Laboratories in accordance with Family Court Act § 532 (a) and CPLR 4518 (c) and (d) (see, Matter of Helen NN. v Daniel 00., 187 AD2d 860 ; Matter of Beaudoin v David RR., 152 AD2d 776, 777 ).

1997The results were properly certified by a physician delegate of Roche Biomedical Laboratories in accordance with Family Court Act § 532 (a) and CPLR 4518 (c) and (d) (see, Matter of Helen NN. v Daniel 00., 187 AD2d 860 ; Matter of Beaudoin v David RR., 152 AD2d 776, 777 ).

1995The other three (Matter of David CC. v Rose GG., 142 AD2d 797 ; Matter of Terri OO. v Michael QQ., 132 AD2d 812 ; Matter of Kimiecik [Sandra T] v Jesse U., 111 AD2d 976 ) all flow from a prior Third Department decision (Matter of Julie UU. v Joseph VV., 108 AD2d 1038,1039 ) which summed up the state of the law in 1985 that HLA test results were "yet to be regarded as conclusive and unanswerable evidence of paternity”.

1995The other three (Matter of David CC. v Rose GG., 142 AD2d 797 ; Matter of Terri OO. v Michael QQ., 132 AD2d 812 ; Matter of Kimiecik [Sandra T] v Jesse U., 111 AD2d 976 ) all flow from a prior Third Department decision (Matter of Julie UU. v Joseph VV., 108 AD2d 1038,1039 ) which summed up the state of the law in 1985 that HLA test results were "yet to be regarded as conclusive and unanswerable evidence of paternity”.

1992The HLA test is a biochemical test which utilizes blood groups, serum proteins, and white and red blood cell enzymes to analyze the characteristics of a mother, child and putative father (Matter of Beaudoin v Tilley, 110 Misc 2d 696 ).

1992The HLA test is a biochemical test which utilizes blood groups, serum proteins, and white and red blood cell enzymes to analyze the characteristics of a mother, child and putative father (Matter of Beaudoin v Tilley, 110 Misc 2d 696 ).

1987CPLR 4518 (c) provides that the report of the analysis of a HLA test is admissible into evidence and is prima facie evidence of the "facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory * * * or by an employee delegated for that purpose or by a qualified physician” (see, Matter of Commissioner of Social Servs. of County of Erie v Richardson, 112 AD2d 760 ; Matter of St.

1987CPLR 4518 (c) provides that the report of the analysis of a HLA test is admissible into evidence and is prima facie evidence of the "facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory * * * or by an employee delegated for that purpose or by a qualified physician” (see, Matter of Commissioner of Social Servs. of County of Erie v Richardson, 112 AD2d 760 ; Matter of St.

1983(Family Ct Act, § 532; CPLR 4518, subd [c]; Matter of Pratt v Victor B., 112 Misc 2d 487 ; Matter of Catherine H. v James S., 112 Misc 2d 429 .) While the respondent does not question the scientific validity of the HLA test or otherwise attack its fundamental basis, his dispute is with the interpretation of the results proffered in this particular case.

1983(Family Ct Act, § 532; CPLR 4518, subd [c]; Matter of Pratt v Victor B., 112 Misc 2d 487 ; Matter of Catherine H. v James S., 112 Misc 2d 429 .) While the respondent does not question the scientific validity of the HLA test or otherwise attack its fundamental basis, his dispute is with the interpretation of the results proffered in this particular case.

1986S., 100 AD2d 119 , appeal dismissed 63 NY2d 675 ; Matter of Otsego County Dept. of Social Servs. v Raymond G., 103 AD2d 919 , appeal dismissed 64 NY2d 646 ; Matter of Alicia C. v Evaristo G., 93 AD2d 820 ; Matter of Bowling v Coney, 91 AD2d 1195 ; Family Ct Act § 532).

1984The statute mandates admissibility as opposed to weight, conclusive or otherwise (Matter of Alicia C. v Evaristo G., 93 AD2d 820 , supra).

1985M. v Abdel Monem El G. ( 98 AD2d 464 , supra) the court found utilization of the highly accurate HLA test to limit litigation and rebut the presumption of legitimacy consistent with public policy.

1984(Michaella M.M. v Abdel Monem El G., 98 AD2d 464,466 .) Cognizance of the high degree of probative value of the HLA test on the issue of paternity has been taken by the courts.

1997The results were properly certified by a physician delegate of Roche Biomedical Laboratories in accordance with Family Court Act § 532 (a) and CPLR 4518 (c) and (d) (see, Matter of Helen NN. v Daniel 00., 187 AD2d 860 ; Matter of Beaudoin v David RR., 152 AD2d 776, 777 ).

1997The results were properly certified by a physician delegate of Roche Biomedical Laboratories in accordance with Family Court Act § 532 (a) and CPLR 4518 (c) and (d) (see, Matter of Helen NN. v Daniel 00., 187 AD2d 860 ; Matter of Beaudoin v David RR., 152 AD2d 776, 777 ).

1996It is well settled that "[w]hile proof of sexual relations with others during the critical time period, even where coupled with a very high probability HLA test result, may cause an insufficiency in proof * * * such proof is not necessarily fatal to [the] paternity proceeding” (Matter of Amy J. v Brian K., 161 AD2d 1022,1023 ; see, Matter of Jane PP. v Paul QQ., 65 NY2d 994 ; Matter of Commissioner of Social Servs. of City of N. Y. [Celia D.] v Hector S., 216 AD2d 81 ; Matter of Beaudoin [Patricia B.[ v Robert A., 199 AD2d 842 ; Matter of Otsego County Dept. of Social Servs. [Debby UU.[ v John

1994Although HLA test results are not conclusive on the issue of paternity, they are "highly probative” (Matter of Commissioner of Social Servs. v Ernest HH., 195 AD2d 738, 740 ) and " 'highly accurate’ ” (Matter of Commissioner of Franklin County Dept. of Social Servs. v Clarence F., 117 AD2d 877, 878 ), and lesser percentages than 97.7% have been relied on in other cases (see, e.g., Matter of Commissioner of Social Servs. of Saratoga County v David X., 186 AD2d 871 [95.6%]; Matter of Amy J. v Brian K., 161 AD2d 1022 [95.97%]).