Legal Opinion

D'Elia v. Sandy B.

New York Family Court

Decided May 27, 1986PublishedCited by 2 opinions

1Opinion of the Court

*61OPINION OF THE COURT

Salvatore R. Mosca, J.

By petition, filed April 7, 1980, Joseph A. D’Elia, the Commissioner of the Department of Social Services of Nassau County, seeks, on behalf of Doreen H., to establish that the respondent, Sandy B., is the father of Sandy T. H., born June 2, 1976. The respondent moved, by oral application, to dismiss the verified petition made by the Commissioner, upon information and belief, as legally insufficient.

Family Court Act § 523 mandates that a paternity petition be in writing and be verified by the petitioner. Although Family Court Act § 423 explicitly…

2Cases cited5 opinions

  1. Ames Department Stores v. Assessor of Town of ConcordAppellate Division of the Supreme Court of the State of New York · 1984
  2. In re Michael E.New York City Family Court · 1971
  3. Beaudoin v. HarrisNew York City Family Court · 1976
  4. O'Connor v. FedakNew York Family Court · 1979
  5. Lascaris v. CariotiNew York City Family Court · 1980

3Cited by2 opinions

  1. Niagara County Department of Social Services ex rel. Kimmie W. v. Randy M.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Blake v. StateNew York Court of Claims · 1987

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