Arnold v. Goosby
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings on the petition in accordance with the following Memorandum: Family Court erred in finding that respondent’s stipulation to the entry of an order of protection against him in the context of a family offense proceeding pursuant to article 8 of the Family Court Act collaterally estopped him from contesting the issue of paternity raised in a collateral proceeding by separate petition. There is no identity of issue between the jurisdictional determination in a family…
2Cases cited1 opinion
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
3Cited by3 opinions
- People v. TrucchioNew York Supreme Court · 1993
- Phyllis W. v. Bernie X.Appellate Division of the Supreme Court of the State of New York · 1994
- Mazo v. MazoAppellate Division of the Supreme Court of the State of New York · 2015