In Taiwana Y v. Benjamin Z, 204 AD2d 790, 611 N.Y.S.2d 701 (3d Dept 1994), the petitioner sought to adjudicate the respondent as the father of her child at a filiation hearing.
Taiwana Y. testified that she had engaged in sexual relations on October 25, 1988 with the respondent, and that she gave birth to a child on August 10, 1989, and introduced the results of a human leukocyte antigen (HLA) test, which reported the probability of the respondent's paternity to be 99.41%.
Notations in hospital records indicated that the gestation period of Taiwana Y.'s child was 37.6 weeks. The Family Court dismissed the filiation proceeding.
The Family Court reasoned that, given the date on which Taiwana Y. claimed that she had sexual relations with Benjamin Z., the child should have been born in July, assuming a 40-week gestation period.
On appeal, the Appellate Division reversed, finding that Taiwan Y.'s testimony, Benjamin Z.'s silence at the filiation hearing, two sonograms, and the HLA test results met the clear and convincing standard. Id.