Opinion

State ex rel. H. v. P.

  • 90 A.D.2d 434
  • 457 N.Y.S.2d 488
  • 1982 N.Y. App. Div. LEXIS 18860
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 30, 1982
Status
Published
Author
Silverman
On the bench
Silverman, Sullivan
Cited by
39 cases

The opinion

Silverman, J. (concurring).

On the facts of this case, whether the husband is or is not the biological parent is almost, if not quite, irrelevant to the issue of custody and visitation. If it has any remote relevance, the probative value of such evidence is far outweighed by the possible damage to the child.

Ross, Bloom and Alexander, JJ., concur with Sullivan, J. P.; Silverman, J., concurs in an opinion.

Order, Supreme Court, New York County, entered on April 13,1982, unanimously reversed, on the law, without costs and without disbursements, and respondent’s motion to direct petitioner to submit "to a blood-grouping test denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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