Appellate Division of the Supreme Court of the State of New York June 3, 2004 (Melissa S. v. Frederick T.)

Kane, J.

Appeal from an order of the Family Court of Sullivan County (Ledina, J.), entered April 16, 2003, which, inter alia, in a proceeding pursuant to Family Ct Act article 4, denied respondent’s motion for summary judgment declaring that he is not the father of a child born to petitioner.

The parties were married in 1997. Fetitioner gave birth to the subject child in January 1998.