Catherine H. v. James S.
| Decision Date | 23 January 1982 |
| Citation | 447 N.Y.S.2d 109,112 Misc.2d 429 |
| Parties | In the Matter of the Paternity Petition of the Commissioner of Social Services of the City of New York as Assignee of CATHERINE H., Petitioner, v. JAMES S., Respondent. |
| Court | New York Family Court |
This is an application by a petitioner in a paternity proceeding for an order directing that the parties and child submit to the Red Cell and Enzyme Blood tests.
On January 16, 1981 a verified petition was filed by the Commissioner of Social Services, as assignee of a recipient of public assistance, seeking to establish that the respondent is the father of a child born out of wedlock to the assignor.
On April 3, 1981 a Judge of the Family Court of the State of New York ordered that the parties submit to an HLA test. The order did not authorize the Red Cell and Enzyme Tests, which tests comprise the balance of what is known as the "HLA Composite."
The simple HLA test was performed on May 5, 1981 resulting in a conclusion of .923 Plausibility of Paternity, which would make the probability of respondent's paternity of the child herein "likely" under Professor Hummel's interpretative criteria, as published in "Family Law Quarterly", Vol. X, Number 3.
On the basis of the argument that the likelihood of paternity can be determined with far greater accuracy by performing the Red Cell and Enzyme Tests, in addition to the standard HLA Test, and that all available scientific evidence should be brought before the trier of facts to aid in the truth finding process, the petitioner requests an Order, pursuant to FCA 532 and CPLR 3121 directing the appearances of the parties and child, and submission to the Red Cell and Enzyme Blood Tests, to be performed at the petitioner's expense.
The respondent opposes the application for such Order on several grounds. First, the Respondent contends that such application at a late stage of the proceedings is merely for the purpose of harassing the respondent. Second, the respondent contends that he has already been required to undergo an HLA blood test, with results already received by the Court, which report stated that the probability of respondent's paternity was "likely" according to the test performed. Third, the respondent contends that section 532 of the Family Court Act provides with respect to blood...
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