Feldman v. Grelewicz

This is a motion by respondent to set aside an order declaring him to be the father of a child born to petitioner. The grounds for the motion are that respondent was and still is in the military service and that he was prejudiced in his defense by reason thereof.

On July 13, 1976, respondent was personally served with a copy of the summons and petition at 275 Wisconsin Street, Rochester, New York. On the return date, petitioner’s attorney advised the court that respondent was in the Marine Corps in North Carolina and that he had been served while home on leave. The case was placed on the Trial…