Legal Opinion
Department of Social Services of Jefferson County v. Overdorf
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1985PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and order approving paternity agreement reinstated. Memorandum: Family Court erred in vacating its prior order of filiation on its own motion without notice to the parties and ordering a trial on the issue of paternity. First, the court was without authority to vacate its prior order nine months after its entry, upon its own motion, and without notice to the parties (see, CPLR 2221, *2754404 [b]; 4405, 5015 [a] [2]). Second, the paternity agreement entered into between the parties is conclusive on the rights of the parties (Family Ct Act…
2Cases cited5 opinions
- Caban v. MohammedSupreme Court of the United States · 1979
- Gomez v. PerezSupreme Court of the United States · 1973
- Commissioner of Public Welfare v. KoehlerNew York Court of Appeals · 1940
- Elizabeth E. v. LearyNew York City Family Court · 1970
- Auleta v. BernadinNew York Supreme Court · 1982
3Cited by4 opinions
- Sandy M. v. Timothy J.New York City Family Court · 1988
- South Carolina Department of Social Services ex rel. Bradford v. StarksAppellate Division of the Supreme Court of the State of New York · 1994
- Crosby v. CrossettNew York Supreme Court · 2011
- Sherri Builders Corp. v. AmerAppellate Division of the Supreme Court of the State of New York · 2001