Commissioner of Social Services v. Radtke

OPINION OF THE COURT

Silverman, J.

This is a paternity and support proceeding pursuant to articles 5 and 5-A of the Family Court Act brought by the Commissioner of Social Services of the City of New York against the putative father. The Family Court dismissed the1 petition on motion, before trial, on the ground that the proceeding was commenced more than 10 years after the birth of the child and was thus time barred under subdivision (b) of section 517 of the Family Court Act.

*90It was the position of the petitioner that respondent had written letters implicitly acknowledging paternity and had…