Opinion
April 14, 1993
Appeal from the Monroe County Family Court, Sciolino, J.
Present — Pine, J.P., Balio, Lawton, Boomer and Davis, JJ.
Order unanimously reversed on the law with costs and petition reinstated. Memorandum: Family Court erred in dismissing the paternity petition on the basis of the results of the blood grouping test without conducting a trial. Family Court Act § 531 provides for a trial by the court in a paternity proceeding. Family Court Act § 532 provides that the results of a blood grouping test may be received in evidence. There is no provision for the dismissal of a paternity proceeding based on the results of a blood grouping test until after the results are received into evidence at a trial. Thus, the matter should proceed to trial so that petitioner can present his evidence, including any evidence relating to estoppel.