| Matter of Philip K. v Thervey B. |
| 2010 NY Slip Op 08948 [78 AD3d 1183] |
| November 30, 2010 |
| Appellate Division, Second Department |
| In the Matter of Philip K., Appellant, v Thervey B.,Respondent. |
—[*1]
In a paternity proceeding pursuant to Family Court Act article 5, the petitioner appeals froman order of the Family Court, Richmond County (McElrath, J.), dated March 18, 2010, whichdenied his objections to an order of the same court (Hickey, S.M.), dated October 14, 2009, madeafter a hearing, dismissing the petition.
Ordered that the order dated March 18, 2010, is affirmed, without costs or disbursements.
The Family Court did not improvidently exercise its discretion or violate the petitioner's dueprocess rights when it denied his request for an additional DNA test (see Family Ct Act§ 532 [a]; Matter of Valrie Patricia L. v Levi L., 43 AD3d 468 [2007]).
Moreover, the petitioner was afforded ample opportunity to present his case and to obtain anexpert in order to challenge the subject "Genetic Test." Under the circumstances of this case, theFamily Court's decision to deny any further adjournments was not an improvident exercise ofdiscretion (see Matter of Steven B., 6 NY3d 888, 889 [2006]; Matter of Ciccone vCiccone, 73 AD3d 1052, 1052-1053 [2010]).
The petitioner's remaining contentions are without merit. Rivera, J.P., Leventhal, Hall andRoman, JJ., concur.