Matter of Hua Fan v Wen Zong Yu

Jan 31, 2012
2011-05218
Versions:2012 NY Slip Op 00784
91 AD3d 952

Wen Zong Yu, Flushing, N.Y., appellant pro se.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1) from an order of the Family Court, Queens County (Bogacz, J.), dated May 17, 2011, which denied his objection to a fact-finding order of the same court (Kaur, S.M.), dated August 31, 2009, and (2) from an order of the same court (Bogacz, J.) dated May 18, 2011, which denied his objection to an order of the same court (Kaur, S.M.), dated March 17, 2011, denying his motion for paternity DNA testing.

Ordered that the orders dated May 17, 2011, and May 18, 2011, are affirmed, without costs or disbursements.

The appellant contends that the Family Court erred in denying his objection to an order which denied his motion for paternity DNA testing. However, the Family Court properly held that the appellant‘s contentions with respect to paternity DNA testing were barred by the doctrine of collateral estoppel. The contentions were previously determined pursuant to a prior order of the Family Court and pursuant to a stipulation of settlement entered into by the parties in connection with a matrimonial action commenced in the Supreme Court (see Matter of Lockitt v Booker, 80 AD3d 700 [2011]; Matter of Kleiger-Brown v Brown, 306 AD2d 482 [2003]; Matter of Timothy J.T. v Karen J.H., 251 AD2d 1036 [1998]).

The appellant‘s remaining contentions are without merit (see Matter of Dakin v Dakin, 75 AD3d 639 [2010]). Florio, J.P., Chambers, Hall and Miller, JJ., concur.