Legal Opinion
Joseph A. v. Gina L.
New York City Family Court
Decided June 1, 1984PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas A. Facelle, J.
The instant case presents an interesting and novel issue not heretofore addressed by the courts of this State. Does a paternity proceeding commenced by a putative father abate when he dies after the filing of the petition? The resolution of this question requires a determination of the constitutionality of section 518 of the Family Court Act which deals only with the subsequent death of a mother. For the reasons hereinafter set forth, the court concludes that the present proceeding did not abate upon the death of the petitioner putative father.
the facts
2Cases cited24 opinions
- Reed v. ReedSupreme Court of the United States · 1971
- Orr v. OrrSupreme Court of the United States · 1979
- Lalli v. LalliSupreme Court of the United States · 1978
- Commissioner of Public Welfare v. KoehlerNew York Court of Appeals · 1940
- Carter v. CarterAppellate Division of the Supreme Court of the State of New York · 1977
19 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sondra S. v. Jay O.New York City Family Court · 1984
- Commissioner of Social Services v. William C.New York City Family Court · 1990
- Joselyn D. v. Oscar O.New York Family Court · 1986