Legal Opinion

Luther v. Rate

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1996PublishedCited by 4 opinions

1Opinion of the CourtCardona, P. J.

Appeal from an order of the Family Court of Schenectady County (Reilly, Jr., J.), entered March 15, 1995, which, in a proceeding pursuant to Family Court Act article 6 and SCPA *804article 17, granted respondent Diane M. Rate’s motion to dismiss the petition for lack of standing.

Petitioners commenced this proceeding seeking, inter alia, custody of an infant horn out of wedlock in August 1994. Unfortunately, the child’s mother is deceased, allegedly killed by the child’s purported biological father on September 14, 1994. Before the mother’s death, she and the child lived with petitioner Jane F.…

2Cases cited4 opinions

  1. Anonymous v. OlsonAppellate Division of the Supreme Court of the State of New York · 1985
  2. Bessette v. Saratoga County Commissioner of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1994
  3. David M. v. Lisa M.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Janet S. M. M. v. Commissioner of Social ServicesNew York City Family Court · 1993

3Cited by4 opinions

  1. Pettaway v. SavageAppellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Cade v. RobertsAppellate Division of the Supreme Court of the State of New York · 2016
  3. Goodale v. NashAppellate Division of the Supreme Court of the State of New York · 2007
  4. Thomas X. v. Broome County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2011

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