James J. v. Valerie M.

OPINION OF THE COURT

Jack Turret, J.

Before the Family Court may proceed with a paternity proceeding, must the Surrogate appoint a legal representative for a deceased mother?

This case involving the putative father and the maternal *786grandmother comes before the court by way of a dispute as to custody in a guardianship proceeding. At the court’s direction a paternity proceeding was instituted by the father for the purpose of establishing his status. In that proceeding the mother (deceased) was named respondent.

The attorney appointed pursuant to article 18-B of the County Law to represent the…