Outing v. Mathis

In a paternity proceeding pursuant to Family Court Act article 5, the mother appeals from an order of the Family Court, Nassau County (Pessala, J.), dated September 29, 1999, which, after a hearing, determined that she did not have standing to maintain the proceeding, and dismissed the petition. Justice Florio has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).

Ordered that the appeal is dismissed, without costs or disbursements, and the order dated September 29, 1999, is vacated.

The courts cannot exercise jurisdiction over a deceased person, as opposed to such a…