Legal Opinion

Tobi F. v. Bruce N.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1996Published

1Opinion of the Court

—In a paternity proceeding pursuant to Family Court Act article 5, the petitioner appeals from an order of the Family Court, Dutchess County (Pagones, J.), dated April 25, 1995, which dismissed the petition.

Ordered that the order is affirmed, with costs.

The petitioner’s contention that the Family Court improperly denied her motion to compel the respondent to respond to written interrogatories is without merit. It is well established that a respondent in a paternity proceeding cannot be compelled to testify or produce evidence, including responses to interrogate*393ries, at the pretrial discovery…

2Cases cited7 opinions

  1. Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
  2. Department of Social Services ex rel. Beatrice V. P. v. Trustum C. D.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Barbara A. M. v. Gerard J. M.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Leon L. v. Carole H.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Margaret B. v. Gilbert W.Appellate Division of the Supreme Court of the State of New York · 1976

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