In re Michael WW.

Mikoll, J. P.

(dissenting). I respectfully dissent.

The Law Guardian’s contention that Family Court abused its discretion in denying his application to compel respondent Roy XX. to undergo HIV-related blood testing is persuasive. Family Court’s order denying the Law Guardian’s motion should be reversed and the motion granted.

Authority for Family Court to compel a respondent to submit to HIV-related blood testing is found in Family Court Act § 1038-a, which provides that: "the court may order a *765respondent to provide nontestimonial evidence, only if the court finds probable cause that the…