Commissioner of Social Services of the County of Erie v. Crowden

Order unanimously affirmed without costs. Memorandum: This was the fourth proceeding commenced by petitioner against respondent for a declaration of paternity and ancillary relief. The first petition, filed in 1978, was dismissed following a pretrial conference, and an appeal from the Family Court order was dismissed for failure to prosecute. A second petition, commenced while the first proceeding was pending appeal, was summarily dismissed without prejudice. A third petition, filed subsequent to dismissal of the first appeal in 1979, also was dismissed without a hearing, and an appeal from…