| Matter of Christopher GG. v Missy HH. |
| 2005 NY Slip Op 00432 [14 AD3d 959] |
| January 27, 2005 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Christopher GG., Appellant, v Missy HH., Respondent. |
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Crew III, J. Appeal from an order of the Family Court of Fulton County (Jung, J.), entered November 5, 2003, which, inter alia, dismissed petitioner's application, in a proceeding pursuant to Family Ct Act article 5, to vacate a prior order of filiation.
The parties ended their brief sexual relationship in December 1998 and, in July 1999, respondent gave birth to a daughter. Thereafter, in October 1999, upon petitioner's admission of paternity, an order of filiation was entered declaring petitioner to be the father of the subject child.[FN*] Questions thereafter arose, however, as to whether petitioner indeed was the biological father of respondent's child, prompting petitioner to commence this proceeding seeking, among other things, court-ordered DNA testing. Family Court denied petitioner's application and this appeal ensued.
While this appeal was pending, a Herkimer County Support Magistrate ordered that the parties and the child submit to genetic marker testing. Inasmuch as petitioner has now obtained [*2]the primary relief sought in this proceeding, the instant appeal is moot. As we are unable to discern any exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]), petitioner's appeal is dismissed.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.