Legal Opinion

Mary Ellen C. v. Joseph William C.

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

Decided January 26, 1981PublishedCited by 8 opinions

1Opinion of the Court

In a paternity proceeding, petitioner appeals from an order of the Family Court, Queens County, dated July 12, 1979, which dismissed the petition on the ground that such a proceeding abates upon the death of the putative father (reported sub nom. Matter of Corbett v Corbett, 100 Misc 2d 270). Order affirmed, without costs or disbursements. A paternity proceeding is a proceeding instituted to determine a relationship or status between individuals and, as such, it is purely personal to the parties. Thus, in this case, *1025where the putative father died prior to the commencement of the proceeding…

2Cases cited3 opinions

  1. Middlebrooks v. HatcherNew York City Family Court · 1967
  2. Corbett v. CorbettNew York City Family Court · 1979
  3. People v. PolepAppellate Division of the Supreme Court of the State of New York · 1931

3Cited by8 opinions

  1. Hayes v. SmithSupreme Court of Connecticut · 1984
  2. La Croix v. DeyoNew York City Family Court · 1981
  3. Anne R. v. Estate of Francis C.New York City Family Court · 1995
  4. Alicia C. ex rel. Zulema C. v. Evaristo G.New York Family Court · 1982
  5. Sondra S. v. Jay O.New York City Family Court · 1984

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