Anonymous v. Anonymous

The above-named respondent has moved for summary judgment pursuant to CPLR 3212 asserting that there is no triable issue of fact, that the only question to be resolved is a legal one and the resolution of that question should result in the dismissal of the petition. It is the contention of the respondent that where it appears without contradiction that the petitioner was a married woman at the time of the conception of the baby involved, she cannot institute proceedings under section 512 of the Family Court Act and therefore her petition must be dismissed.

Section 512 of the Family Court Act…