Prowda v. Wilner

Casey, J. (dissenting).

I disagree with the majority’s conclusion that defendant’s request for blood-grouping tests did not have to be accompanied by any factual showing to support his conclusory denial of paternity of the child born during the parties’ marriage. Accordingly, I respectfully dissent.

My disagreement with the majority is twofold. Family Court Act § 418 (a) applies to support proceedings in Family Court. Defendant’s request was made in a divorce action in Supreme Court and, therefore, the request is governed by CPLR 3121 (a), which gives the court discretionary authority to order…