Ferro v. Bersani

Order unanimously reversed, petition granted, with costs, and matter remitted to Family Court, Erie County, to determine support payments and to fix counsel fees. Memorandum: Petitioner appeals from an order dismissing her petition, but respondent did not cross-appeal from the trial court’s ruling at the close of petitioner’s evidence denying his motion to dismiss the petition because it was not brought within two years of the birth of the child (Family Ct Act, § 517, subd [a]). Inasmuch as that ruling was adverse to respondent and, if reversed, would entitle respondent to prevail, we hold…