Legal Opinion

Joselyn D. v. Oscar O.

New York Family Court

Decided July 15, 1986PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Bruce M. Kaplan, J.

Oscar O. died unexpectedly on February 24, 1985 at a time when there was reason for joy in his life. His girlfriend, *965Joselyn D., had recently informed him that she was pregnant with his child, and he thrilled at the prospect of being a parent. (The child was subsequently born on May 8, 1985.)

An additional tragedy loomed in the offing because Family Court Act § 518 seemingly required this paternity petition to abate on Mr. O.’s death. However, the court read Family Court Act § 518 in a gender-neutral manner which defeated abatement. Respondent’s sister…

2Cases cited18 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Mississippi University for Women v. HoganSupreme Court of the United States · 1982
  3. Orr v. OrrSupreme Court of the United States · 1979
  4. Caban v. MohammedSupreme Court of the United States · 1979
  5. Lalli v. LalliSupreme Court of the United States · 1978

13 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re S. B.New York City Family Court · 1995
  2. Commissioner of Social Services v. William C.New York City Family Court · 1990

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