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Matter of Carol v. David

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 783 (N.Y. App. Div. 1989)

Opinion

May 30, 1989

Appeal from the Family Court, Kings County (DePhillips, F.C.J.).


Ordered that the order is affirmed, without costs and disbursements.

The petitioner concedes that the purpose underlying the institution of the instant paternity proceeding was to compel the putative father to reimburse her for expenses incurred during her pregnancy and as a result of the infant's physical infirmities.

We find that the proceeding was properly dismissed. Prior to the commencement of this proceeding, the infant was formally adopted thereby divesting the natural parents of their legal relationship to the infant (see, Domestic Relations Law § 117 [a]). Since the petitioner was no longer the mother of the child, she did not have standing to commence the paternity proceeding (see, Family Ct Act § 522). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.


Summaries of

Matter of Carol v. David

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 783 (N.Y. App. Div. 1989)
Case details for

Matter of Carol v. David

Case Details

Full title:In the Matter of CAROL Y., Appellant, v. DAVID M., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 30, 1989

Citations

150 A.D.2d 783 (N.Y. App. Div. 1989)
542 N.Y.S.2d 34

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