Burns v. Craven
Appellate Division of the Supreme Court of the State of New York
1Opinion 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…
2Cited by3 opinions
- Donald I. v. Teresa K.Appellate Division of the Supreme Court of the State of New York · 1995
- Juliet C. v. Gerald B.Appellate Division of the Supreme Court of the State of New York · 1994
- Philip K. v. Thervey B.Appellate Division of the Supreme Court of the State of New York · 2008