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MTR LEROMAIN v. VENDURO

95 A.D.2d 80 (1983)

In the Matter of Christopher Leromain, Appellant, v. Lucy A. Venduro, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 21, 1983

Attorney(s) appearing for the Case

Shaye & Milstein (Susan B. Milstein of counsel), for appellant.

Harvey & Harvey, Mumford & Kingsley (Michael T. Kellogg of counsel), for respondent.

MAHONEY, P. J., KANE, MAIN and MIKOLL, JJ., concur.

CASEY, J.

At issue on this appeal is whether a petitioner in a paternity proceeding, in which he seeks an order of filiation declaring his paternity, is entitled to certain pretrial disclosure and to have blood-grouping tests done. Family Court ruled that petitioner was not entitled to the relief sought since, pursuant to section 531 of the Family Court Act, a respondent cannot be compelled to testify.

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