People ex rel. Anonymous v. Saratoga County Department of Public Welfare

Appeal from an order and judgment of the Family Court, Sara-toga County, granting respondents’ motion for summary judgment dismissing the petition pursuant to CPLR 3211 on the ground that said petition “ was defective and had no legal validity due to the failure of ' John Roe ’ [appellant’s former husband and the father of the child involved] to join in the proceeding as a moving party”. Appellant is the natural mother of a child born to her and her former husband on July 14, 1967, some nine months after appellant obtained a Mexican decree of divorce. Shortly after the birth of the child both…