# State ex rel. H. v. P.

> Appellate Division of the Supreme Court of the State of New York · December 30, 1982 · 90 A.D.2d 434

URL: https://www.frixlaw.com/law-library/cases/5857258

## Case

- **Full name:** State of New York ex rel. H. v. P.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 30, 1982
- **Citations:** 90 A.D.2d 434; 457 N.Y.S.2d 488; 1982 N.Y. App. Div. LEXIS 18860
- **Precedential status:** Published
- **Opinion:** Concurrence by Silverman
- **Judges:** Silverman, Sullivan
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5857258

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5857258. Public record. Not legal advice.