Burns v. Craven

Appellate Division of the Supreme Court of New York

Burns v. Craven

192 A.D.2d 1130, 596 N.Y.S.2d 274, 1993 N.Y. App. Div. LEXIS 4157

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

DecidedApril 14, 1993

StatusPublished

Cited by3 cases

This text of 192 A.D.2d 1130 (Burns v. Craven) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. Craven, 192 A.D.2d 1130, 596 N.Y.S.2d 274, 1993 N.Y. App. Div. LEXIS 4157 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Order unanimously reversed on the law with costs and petition reinstated. Memorandum: Family Court erred in dismissing the paternity peti[1131]*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 matter should proceed to trial so that petitioner can present his evidence, including any evidence relating to estoppel. (Appeal from Order of Monroe County Family Court, Sciolino, J. — Paternity.) Present — Pine, J. P., Balio, Lawton, Boomer and Davis, JJ.

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—Order unanimously reversed on the law with costs and petition reinstated. Memorandum: Family Court erred in dismissing the paternity peti[1131]*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 matter should proceed to trial so that petitioner can present his evidence, including any evidence relating to estoppel. (Appeal from Order of Monroe County Family Court, Sciolino, J. — Paternity.) Present — Pine, J. P., Balio, Lawton, Boomer and Davis, JJ.

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Bluebook (online)

192 A.D.2d 1130, 596 N.Y.S.2d 274, 1993 N.Y. App. Div. LEXIS 4157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-craven-nyappdiv-1993.

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