In re Wurtzel

Respondent moves for an order ‘ ‘ striking out the affidavit and petition of Mollie Wilinsky herein by reason of her failure to attend in response to the notice for her examination or in the alternative for an order directing her to attend for an examination before trial in accordance with such notice.” The notice for the examination served on behalf of defendant is stated to be ‘£ pursuant to Article 29 of the Civil Practice Act and Title 15 of the Rules of Civil Practice.”

A filiation proceeding initiated in a Children’s Court, pursuant to the Domestic Relations Law, is civil and noncriminal…