Esther W. v. Melvin H.

OPINION OF THE COURT

David Gilman, J.

This paternity petition was filed on June 16, 1982 wherein it is alleged that respondent is the father of petitioner’s daughter, born June 25, 1974. The petitioner seeks an order of filiation declaring respondent to be the child’s natural father and an order of support. Respondent denied paternity in court and interposed the affirmative defense that petitioner’s claim is barred by the Statute of Limitations.

Petitioner admits that more than the two years allowed by the statute (Family Ct Act, § 517, subd [a]) have elapsed between the birth of the child and…