Appellate Division of the Supreme Court of New York, 1993

Burns v. Craven

Burns v. Craven
Appellate Division of the Supreme Court of New York · Decided April 14, 1993
192 A.D.2d 1130; 596 N.Y.S.2d 274; 1993 N.Y. App. Div. LEXIS 4157
Burns v. Craven

Opinion of the Court

—Order unanimously reversed on the law with costs and petition reinstated. Memorandum: Family Court erred in dismissing the paternity peti*1131tion on the basis of the results of the blood grouping test without conducting a trial. Family Court Act § 531 provides for a trial by the court in a paternity proceeding. Family Court Act § 532 provides that the results of a blood grouping test may be received in evidence. There is no provision for the dismissal of a paternity proceeding based on the results of a blood grouping test until after the results are received into evidence at a trial. Thus, the matter should proceed to trial so that petitioner can present his evidence, including any evidence relating to estoppel. (Appeal from Order of Monroe County Family Court, Sciolino, J. — Paternity.) Present — Pine, J. P., Balio, Lawton, Boomer and Davis, JJ.

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