Fontaine v. Smielak

OPINION OF THE COURT

Bernard E. Stanger, J.

The above-captioned matter is presently on appeal from an order of this court dated July 1,1982, in which the court awarded custody of the infant child of the parties to the petitioner father. The parties are not husband and wife, having never been married, and the petitioner herein previously acknowledged parenthood in Family Court, New York County, and accepted the responsibility for the support of the child.

By notice of motion dated September 16, 1982, counsel for the respondent-appellant moves this court for an order pursuant to subdivision (b) of…