Valerie H. v. Koene D. B.

Appellate Division of the Supreme Court of New York

Valerie H. v. Koene D. B.

38 A.D.2d 728, 330 N.Y.S.2d 473, 1972 N.Y. App. Div. LEXIS 5595

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

DecidedJanuary 17, 1972

StatusPublished

Cited by3 cases

This text of 38 A.D.2d 728 (Valerie H. v. Koene D. B.) 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

Valerie H. v. Koene D. B., 38 A.D.2d 728, 330 N.Y.S.2d 473, 1972 N.Y. App. Div. LEXIS 5595 (N.Y. Ct. App. 1972).

Pincite

Opinion

In paternity proceedings concerning two children, the appeal is from an order of filiation and support of the Family Court, Suffolk County, dated March 12, 1970 and made after trial. Order reversed, on the law, without costs, and proceedings remitted to the Family Court for a new hearing. Appellant appeared at the trial without counsel. Under the circumstances, the trial court erred in putting questions to him without first advising him of his statutory right to refuse to testify (Family Ct. Act, § 531; Matter of Howard v. Robinson, 32 A D 2d 837; Matter of Dean v. Young, 31 A D 2d 630). In the interests of justice appellant should be given one final opportunity prior to the new hearing to obtain a blood grouping test. Latham, Acting P. J., Shapiro, Grulotta, Brennan and Benjamin, JJ., concur.

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In paternity proceedings concerning two children, the appeal is from an order of filiation and support of the Family Court, Suffolk County, dated March 12, 1970 and made after trial. Order reversed, on the law, without costs, and proceedings remitted to the Family Court for a new hearing. Appellant appeared at the trial without counsel. Under the circumstances, the trial court erred in putting questions to him without first advising him of his statutory right to refuse to testify (Family Ct. Act, § 531; Matter of Howard v. Robinson, 32 A D 2d 837; Matter of Dean v. Young, 31 A D 2d 630). In the interests of justice appellant should be given one final opportunity prior to the new hearing to obtain a blood grouping test. Latham, Acting P. J., Shapiro, Grulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 728, 330 N.Y.S.2d 473, 1972 N.Y. App. Div. LEXIS 5595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valerie-h-v-koene-d-b-nyappdiv-1972.

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