Legal Opinion

Commissioner of Social Services of Erie v. O'Neil

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 1983PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J. P.

As a result of the 1981 amendment to subdivision (a) of section 532 of the Family Court Act, a party in a paternity proceeding may move for an order requiring a human leucocyte antigen blood tissue test (HLA test)1 of any other party and the results of such a test are admissible as affirmative evidence of paternity.2 Not surprisingly, the amendment has led to controversies like the one before us *481where the respondent has refused to submit to the test and the petitioner has moved for an order compelling him to do so. Family Court has denied the request for…

2Cases cited4 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
  3. Jane L. v. Rodney B.New York City Family Court · 1981
  4. Commissioner of Social Services v. Stephen H.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by11 opinions

  1. Department of Social Services ex rel. Sandra C. v. Thomas J. S.Appellate Division of the Supreme Court of the State of New York · 1984
  2. S.S. v. E.S.New Jersey Superior Court Appellate Division · 1990
  3. Albany County Department of Social Services ex rel. Sousis v. SeebergerAppellate Division of the Supreme Court of the State of New York · 1985
  4. In re Letter of Request from the Boras District CourtDistrict Court, E.D. New York · 1994
  5. In re Theresa C.New York City Family Court · 1983

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