HLA blood test in New York

15 New York opinions name it 2 courts 1981–1996 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Karen K. v. Christopher D.green nyappdiv · 1982 · cited in 2 New York opinions naming this issue, 1983–1992 2 sentences 1992Those results, while considered to be "highly accurate on the issue of paternity” (Matter of Karen K. v Christopher D., 86 AD2d 633, 634 ), are not dispositive because that testing technique has not been recognized as conclusive of paternity (see, Matter of Laura U. v Mark V., 156 AD2d 836, 837 ; Matter of Terri OO. v Michael QQ., 132 AD2d 812, 813 ). 1983Although results of an HLA blood test are not conclusive, this test has been recognized as being highly accurate on the issue of paternity (Matter of Bowling v Coney, 91 AD2d 1195 ; Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ; see, also, Matter of Karen K. v Christopher D., 86 AD2d 633, 634 ).	1	2
Schmerber v. Californiagreen scotus · 1966 · cited in 2 New York opinions naming this issue, 1981–1985 2 sentences 1985Rather, the HLA blood test more closely parallels the test for blood alcohol content permitted in Schmerber v California (supra). 1981Applying Schmerber v California ( 384 US 757 ), the court held that the HLA blood test authorized by the amendment to section 532 of the Family Court Act does not violate the Fourth Amendment’s search and seizure restrictions or an individual’s right to privacy.	1	2
Kimiecik v. Daryl E.green nyappdiv · 1982 · cited in 1 New York opinions naming this issue, 1983–1983 1 sentence 1983Upon motion of any party in a paternity proceeding, the court must order respondent putative father to submit to an HLA blood tissue test (Family Ct Act, § 532, subd [a]; see Matter ofKimiecik v Daryl E., 87 AD2d 284, 285 ).	1	1
Breithaupt v. Abramgreen scotus · 1957 · cited in 1 New York opinions naming this issue, 1981–1981 1 sentence 1981The minimal nature of the incursion has been emphasized in other decisions as well as Schmerber : see Breithaupt v Abram ( 352 US 432, 436 ), “blood test procedure has become routine in our everyday life”; State v Meacham (93 Wn 2d 735, 737): the HLA test involves only “the withdrawal of a small amount of blood from the alleged fathers”. 4 We now turn to the question of whether there is justification for the slight intrusion on individual privacy effected by an order for an HLA blood test.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (21)

Case	Cited	Years
Board of Education v. A. J. Beaudette Construction Co. green nyappdiv · 1982 2 sentences 1990The HLA blood test has been recognized as being highly accurate on the issue of paternity (Matter of Niagara County Dept. of Social Servs. v Sanders, 156 AD2d 939 ; Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Matter of Niagara County Dept. of Social Servs. v Sanders, supra; Molchanoff v O’Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195,1196 ). 1989The result of the HLA blood test is highly accurate on the issue of paternity (Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Molchanoff v O Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195, 1196 ).	3	1983–1990
Urquhart v. County of Erie neutral nyappdiv · 1983 2 sentences 1990The HLA blood test has been recognized as being highly accurate on the issue of paternity (Matter of Niagara County Dept. of Social Servs. v Sanders, 156 AD2d 939 ; Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Matter of Niagara County Dept. of Social Servs. v Sanders, supra; Molchanoff v O’Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195,1196 ). 1989The result of the HLA blood test is highly accurate on the issue of paternity (Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Molchanoff v O Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195, 1196 ).	3	1983–1990
Swann v. Schoenfield neutral nyappdiv · 1990 2 sentences 1993The HLA blood test, which indicates that there is a 99.98% probability that respondent is the child’s father, is entitled to great weight (see, Swann v Schoenfield, 163 AD2d 850, 851 , lv dismissed sub nom. 1992The HLA blood test is highly accurate on the issue of paternity and is entitled to great weight (Swann v Schoenfield, 163 AD2d 850, 851 , lv dismissed sub nom.	2	1992–1993
Allegro Oil & Gas, Inc. v. McGranahan neutral nyappdiv · 1989 2 sentences 1990The HLA blood test has been recognized as being highly accurate on the issue of paternity (Matter of Niagara County Dept. of Social Servs. v Sanders, 156 AD2d 939 ; Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Matter of Niagara County Dept. of Social Servs. v Sanders, supra; Molchanoff v O’Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195,1196 ). 1990The HLA blood test has been recognized as being highly accurate on the issue of paternity (Matter of Niagara County Dept. of Social Servs. v Sanders, 156 AD2d 939 ; Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Matter of Niagara County Dept. of Social Servs. v Sanders, supra; Molchanoff v O’Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195,1196 ).	2	1990–1992
Moon ex rel. Debra BB. v. Roscoe CC. green nyappdiv · 1984 2 sentences 1990The HLA blood test has been recognized as being highly accurate on the issue of paternity (Matter of Niagara County Dept. of Social Servs. v Sanders, 156 AD2d 939 ; Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Matter of Niagara County Dept. of Social Servs. v Sanders, supra; Molchanoff v O’Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195,1196 ). 1989The result of the HLA blood test is highly accurate on the issue of paternity (Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Molchanoff v O Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195, 1196 ).	2	1989–1990
Molchanoff v. O'Reilly neutral nyappdiv · 1988 2 sentences 1990The HLA blood test has been recognized as being highly accurate on the issue of paternity (Matter of Niagara County Dept. of Social Servs. v Sanders, 156 AD2d 939 ; Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Matter of Niagara County Dept. of Social Servs. v Sanders, supra; Molchanoff v O’Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195,1196 ). 1989The result of the HLA blood test is highly accurate on the issue of paternity (Matter of Sherry K. v Carpenter, 90 AD2d 687, 688 ) and should be accorded great weight (Molchanoff v O Reilly, 144 AD2d 937 ; Matter of Moon v Roscoe CC., 105 AD2d 485, 486 ; Matter of Bowling v Coney, 91 AD2d 1195, 1196 ).	2	1989–1990
Jane L. v. Rodney B. green nycfamct · 1981 2 sentences 1985Our courts have held that upon " 'a prima facie showing of the mother’s sexual intercourse with the alleged father during the period when conception must have occurred’ ”, an order requiring a blood test in a paternity proceeding will withstand constitutional scrutiny against the individual’s right to be secure in his person against unreasonable searches and seizures in violation of the 4th Amendment (Matter of Commissioner of Social Servs. v O’Neil, 94 AD2d 480, 482 , quoting Matter of Jane L. v Rodney B., 108 Misc 2d 709, 713-714 ; see also, Schmerber v California, supra [the test must be ju 1981In Jane L. v Rodney B. (supra) the HLA blood test was similarly found to be a minimal intrusion.	2	1981–1985
Department of Social Services ex rel. Sandra C. v. Thomas J. S. green nyappdiv · 1984 1 sentence 1996S., 100 AD2d 119, 124-125 ).	1	1996–1996
People v. Brewer green nyappdiv · 1992 1 sentence 1995Finally, petitioner’s claims of respondent’s "fraud, misrepresentation and misconduct” are raised for the first time on appeal, and therefore not properly before us (Ku v Gu, 186 AD2d 88 ).	1	1995–1995
Terri OO. v. Michael QQ. green nyappdiv · 1987 1 sentence 1992Those results, while considered to be "highly accurate on the issue of paternity” (Matter of Karen K. v Christopher D., 86 AD2d 633, 634 ), are not dispositive because that testing technique has not been recognized as conclusive of paternity (see, Matter of Laura U. v Mark V., 156 AD2d 836, 837 ; Matter of Terri OO. v Michael QQ., 132 AD2d 812, 813 ).	1	1992–1992
Laura U. v. Mark V. neutral nyappdiv · 1989 1 sentence 1992Those results, while considered to be "highly accurate on the issue of paternity” (Matter of Karen K. v Christopher D., 86 AD2d 633, 634 ), are not dispositive because that testing technique has not been recognized as conclusive of paternity (see, Matter of Laura U. v Mark V., 156 AD2d 836, 837 ; Matter of Terri OO. v Michael QQ., 132 AD2d 812, 813 ).	1	1992–1992
Commissioner of Social Services v. Michel green nyappdiv · 1983 1 sentence 1985In concluding that petitioner has established his paternity by a preponderance of the evidence, we find it appropriate, in view of respondent’s failure to testify, to draw the strongest inference against her that the evidence submitted on behalf of petitioner permits (see, Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137, 141 ; Matter of Commissioner of Social Servs. of County of Erie v Michel, 93 AD2d 997 ).	1	1985–1985
Leromain v. Venduro green nyappdiv · 1983 1 sentence 1985Initially, we note that this court has held that no conflict exists between Family Court Act § 532, which permits a court to order parties in a paternity proceeding to submit to one or more blood-grouping tests, and section 531, which states that "the respondent shall not be compelled to testify” (Matter of Leromain v Venduro, 95 AD2d 80, 81 ; see, Matter of Department of Social Servs. v Thomas J.	1	1985–1985
Commissioner of Social Services of Erie v. O'Neil green nyappdiv · 1983 1 sentence 1985Our courts have held that upon " 'a prima facie showing of the mother’s sexual intercourse with the alleged father during the period when conception must have occurred’ ”, an order requiring a blood test in a paternity proceeding will withstand constitutional scrutiny against the individual’s right to be secure in his person against unreasonable searches and seizures in violation of the 4th Amendment (Matter of Commissioner of Social Servs. v O’Neil, 94 AD2d 480, 482 , quoting Matter of Jane L. v Rodney B., 108 Misc 2d 709, 713-714 ; see also, Schmerber v California, supra [the test must be ju	1	1985–1985
Commissioner of Social Services v. Philip De G. green ny · 1983 1 sentence 1985In concluding that petitioner has established his paternity by a preponderance of the evidence, we find it appropriate, in view of respondent’s failure to testify, to draw the strongest inference against her that the evidence submitted on behalf of petitioner permits (see, Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137, 141 ; Matter of Commissioner of Social Servs. of County of Erie v Michel, 93 AD2d 997 ).	1	1985–1985
Sandra I v. Harold I green nyappdiv · 1976 1 sentence 1983We conclude, therefore, that respondent is collaterally estopped from now raising the issue of his paternity and that the Family Court erred in ordering the HLA blood test (see Matter of Montelone v Antia, 60 AD2d 603 ; Matter of Sandra I v Harold I, 54 AD2d 1040 ).	1	1983–1983
Montelone v. Antia green nyappdiv · 1977 1 sentence 1983We conclude, therefore, that respondent is collaterally estopped from now raising the issue of his paternity and that the Family Court erred in ordering the HLA blood test (see Matter of Montelone v Antia, 60 AD2d 603 ; Matter of Sandra I v Harold I, 54 AD2d 1040 ).	1	1983–1983
Hanley v. Flanigan green nycfamct · 1980 1 sentence 1983(Matter of Hanley v Flanigan, 104 Misc 2d 698, 701 .) To suspend the administration of the HLA test until after petitioner presents evidence rebutting the presumption of legitimacy would be to offend common sense, public policy and reason.	1	1983–1983
Abelson v. Abelson green nysupct · 1969 1 sentence 1981(Town of Trenton v Greene, 78 Misc 2d 976, 977 ; People v Bouton, 71 Misc 2d 1095, 1096-1097 ; Abelson v Abelson, 59 Misc 2d 172, 178-179 .) Applying these long-established principles of construction, the court must deny the petitioner’s motion for an HLA blood test.	1	1981–1981
People v. Bouton neutral nycountyct · 1972 1 sentence 1981(Town of Trenton v Greene, 78 Misc 2d 976, 977 ; People v Bouton, 71 Misc 2d 1095, 1096-1097 ; Abelson v Abelson, 59 Misc 2d 172, 178-179 .) Applying these long-established principles of construction, the court must deny the petitioner’s motion for an HLA blood test.	1	1981–1981
Town of Trenton v. Greene neutral nysupct · 1974 1 sentence 1981(Town of Trenton v Greene, 78 Misc 2d 976, 977 ; People v Bouton, 71 Misc 2d 1095, 1096-1097 ; Abelson v Abelson, 59 Misc 2d 172, 178-179 .) Applying these long-established principles of construction, the court must deny the petitioner’s motion for an HLA blood test.	1	1981–1981

Where else courts name it

NY 15 (1981–1996) FL 9 (1980–1998) VA 3 (1986–2003) PA 3 (1982–1995) CA 2 (1984–1986) KY 2 (1983–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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