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MTR. OF TORINO v. CRUZ

82 Misc.2d 684 (1975)

In the Matter of Matilda Torino, Petitioner, v. Angel Cruz, Respondent.

Family Court, Bronx County.

May 27, 1975

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Archibald Broomfield of counsel), for petitioner. Licht & Margolis (Michael M. Laufer of counsel), for respondent.

FELICE K. SHEA, J.

In this paternity proceeding pursuant to article 5 of the Family Court Act the court must decide what legal effect to give conflicting blood grouping test reports, only one of which excludes respondent as the father of petitioner's out-of-wedlock child.

In New York, the report of a nonexclusionary blood grouping test is not admissible into evidence to prove paternity, on the theory...

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