Summary
In Matter of Sharon GG. v Duane HH. (63 NY2d 859, affg 95 AD2d 466 [3d Dept 1983]), we affirmed an order of the Appellate Division dismissing a paternity petition in which a mother sought to compel her husband to submit to a blood test as a means of challenging his paternity.
Summary of this case from In Matter of Shondel v. MarkOpinion
Argued September 5, 1984
Decided October 11, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Kenneth P. Whiting, Jr., J.
Donald M. Sukloff for appellant.
Richard N. Aswad for Michael G.G., respondent.
James C. Gacioch for Duane HH., respondent, precluded.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the opinion by Justice Howard A. Levine ( 95 A.D.2d 466).
In view of the grounds on which we affirm we have no reason to consider or decide whether, pursuant to section 532 FCT of the Family Court Act, a wife may ever compel a blood test of her husband nor do we consider whether the best interests of the child may require the court to compel the husband to submit to a blood test.
Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.
Order affirmed, without costs, in a memorandum.