Doe v. Roe

In this paternity proceeding, respondent’s motion to dismiss raises interesting points of procedure, and petitioner’s cross motion for summary judgment presents a novel question in this type of proceeding.

Respondent’s motion under subdivision (a) of section 517 of the Family Court Act to dismiss the petition is denied without prejudice to his right to plead as a defense that the proceeding is barred by the two-year limitation set forth in that section. Although a motion to dismiss is a proper method of raising the defense of the limitation period (CPLR 3211, subd. [a], par. 5; Matter of…