Maureen E. O'H. v. Nicholas C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Latham, J.
In this paternity proceeding, petitioner appeals, by permission, from an order of the Family Court which denied her motion for a protective order and granted respondent’s cross motion to compel her attendance at an examination before trial on the ground that special circumstances exist.
*492Although we disagree with the Family Court’s finding of special circumstances, the order should nevertheless be affirmed for, in our view, the time has come to discard the rule which requires a showing of special circumstances before a pretrial examination of the petitioner will be…
2Cases cited11 opinions
- "Doe" v. "Roe"New York Family Court · 1963
- Arlene W. v. Robert D.Appellate Division of the Supreme Court of the State of New York · 1971
- Tilson v. BarkNew York City Family Court · 1966
- Linnie D. B. v. Lonnie J. H.New York Family Court · 1970
- Green v. BrownNew York Family Court · 1970
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- S.L.B. v. K.A.New York City Family Court · 1992
- Smith v. LaneNew York Family Court · 1979
- Commissioner of Erie County Department of Social Services v. Woodrow N.Appellate Division of the Supreme Court of the State of New York · 1995
- Commissioner of Social Services v. Robert M.Appellate Division of the Supreme Court of the State of New York · 1979
- Susan S. v. Bernard W.Appellate Division of the Supreme Court of the State of New York · 1978
2 more not listed; retrieve them via the Exa API.