Legal Opinion
Commissioner of Social Services v. Efrain V.
New York Family Court
Decided February 8, 1984Published
1Opinion of the Court
OPINION OF THE COURT
Jeffry H. Gallet, J.
The Commissioner of Social Services moves to reargue respondent’s motion to dismiss these paternity proceedings on the grounds that they are barred by the Statute of Limitations (Family Ct Act, § 517, subd [b]). The motion to reargue is granted and, on reargument, respondent’s motion to dismiss the petition is denied.
THE COMMISSIONER’S ARGUMENT
The commissioner argues that subdivision (b) of section 517 of the Family Court Act is constitutionally defective because it unreasonably discriminates against nonmarital children seeking support from their…
2Cases cited5 opinions
- Mills v. HabluetzelSupreme Court of the United States · 1982
- Pickett v. BrownSupreme Court of the United States · 1983
- Patricia R. v. Peter W.New York City Family Court · 1983
- Commissioner of Social Services v. RadtkeAppellate Division of the Supreme Court of the State of New York · 1981
- Esther W. v. Melvin H.New York City Family Court · 1983