Hillman v. Minicozzi

In a proceeding to establish paternity, the alleged father appeals from an order of the Family Court, Suffolk County, entered January 31, 1966, which (1) denied his motion to dismiss the petition on the ground that a prior order of said court, dated March 1, 1965, dismissing a prior petition, was res judicata, (2) vacated said prior order and (3) set down the proceeding for hearing. Appeal dismissed, without costs. The order is not one of disposition and, therefore, no appeal lies therefrom as of right (Family Ct. Act, § 1012). However, we have examined the merits of the appeal and, had the…