Matter of Sandler

In Matter of Sandler (160 Misc. 2d 955 [1994]), Surrogate Roth allowed paternal grandparents to submit to DNA testing to disprove their son's paternity of an alleged nonmarital child and directed that both they and the decedent's alleged nonmarital son and the mother of the child submit to DNA testing in an effort to provide the "clear and convincing evidence" that is required to establish paternity under EPTL 4-1.2 (a) (2) (C). The court noted that all persons tested were parties to the proceeding.