Wayne County Department of Social Services v. Geoffery P.

—Appeal from an order of Family Court, Wayne County (Nesbitt, J.), entered July 19 2002, which, inter alia, required respondent to submit to a second genetic marker test.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent contends that Family Court erred in granting the request of Lynzie C. for an order requiring respondent, the child at issue and Lynzie, the child’s mother, to submit to a second genetic marker test inasmuch as the first test excluded respondent as the father. Pursuant to Social Services Law § 111-k, “[w]hen the paternity of a child is contested, a social services official * * * may order the mother, the child, and the alleged father to submit to one or more genetic marker *1149or DNA tests * * * to aid in the determination of whether * * * the alleged father is the father of the child. * * * If either party contests the results of [the] tests, an additional test may be ordered upon written request to the social services district and advance payment by the requesting party” (Social Services Law § 111-k [2] [a], [c] [emphasis added]). Because the child’s mother was not represented by counsel when she orally requested the second test, we excuse her failure to make a written request for the second test {see § 111-k [2] [c]). As petitioner correctly notes, the genetic marker test is not intrusive and will be without cost to respondent if he is proven not to be the father (see id.). Present — Pigott, Jr., P.J., Pine, Wisner, Kehoe and Burns, JJ.