Commissioner of Social Services v. Lazaro F.

OPINION OF THE COURT

Kathryn McDonald, J.

The issue before the court is whether, in a paternity pro*409ceeding brought by the Commissioner of Social Services as assignee of the natural mother, the lawful husband of the mother must be served.

The Corporation Counsel’s brief memorandum of law relies on a 1940 Court of Appeals decision, Commissioner of Public Welfare v Koehler (284 NY 260), and a 1977 Second Department decision, Matter of Salvatore S. v Anthony S. (58 AD2d 867), based thereon, for the proposition that the husband is not a necessary party, since the action is a limited one deciding…