Legal Opinion
D'Elia v. Douglas B.
New York City Family Court
Decided January 13, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
John D. Capilli, J.
This motion raises unanswered questions of procedure when a respondent decides to dispute an order of filiation made under section 439 (b) of the Family Court Act after his time to object under section 439 (e) has expired. In this case, respondent made a motion pursuant to CPLR 5015 to vacate the order of filiation made and entered after respondent’s undisputed admission of paternity before a Hearing Examiner.
The paternity petition was filed by the Nassau County Department of Social Services, as assignee of support rights of Maggie M., pursuant to…
2Cases cited27 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Albano v. KirbyNew York Court of Appeals · 1975
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Claim of Bowne v. S. W. Bowne Co.New York Court of Appeals · 1917
- Roosevelt Raceway, Inc. v. MonaghanNew York Court of Appeals · 1961
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3Cited by4 opinions
- Commisioner of Social Services v. HarrisAppellate Division of the Supreme Court of the State of New York · 2006
- Onondaga County Department of Social Services ex rel. Patricia L. v. Junior L.C.Appellate Division of the Supreme Court of the State of New York · 2002
- Orange County Legislature v. DianaNew York Supreme Court · 2013
- Pitts v. StrotherNew York City Family Court · 1994