Mestichelli v. Mestichelli

In a matrimonial action fon a divorce the plaintiff husband moves for an order directing that he, his defendant wife and a child born to the defendant on July 4, 1963, submit to a blood grouping test with a view to establishing his nonpaternity and thus the adultery of his wife.

P.rocedurally the application may be defective since the plaintiff has proceeded by order to show cause in the first instance instead of by notice pursuant to CPLR 3121 which may be pursued upon noncompliance by an application for an enforcement order under 3124. However, in view of the vigorous opposition, we may…