From Casetext: Smarter Legal Research

Matter of Constance v. Steven

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 493 (N.Y. App. Div. 1987)

Opinion

May 4, 1987

Appeal from the Family Court, Nassau County (Joseph, J.).


Ordered that the order is reversed and the application is denied, without costs or disbursements.

On February 17, 1978 the petitioner instituted a paternity proceeding against the respondent. The respondent appeared in court and admitted paternity and an order of support was entered. Since that time the respondent has appeared in court in regard to support payments for the child without ever challenging the question of paternity. More than eight years after the paternity determination the instant application was brought. The respondent has not presented any proof that he is not the father of the child. Under these circumstances "something other than a request for a HLA test is required to negate [the respondent's] prior admission of being the natural father" (Patricia W. v Michael R., 113 A.D.2d 935, 936). We have considered the respondent's other contentions and find them to be without merit. Bracken, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

Matter of Constance v. Steven

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 493 (N.Y. App. Div. 1987)
Case details for

Matter of Constance v. Steven

Case Details

Full title:In the Matter of CONSTANCE S., Appellant, v. STEVEN A., Respondent

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

Date published: May 4, 1987

Citations

130 A.D.2d 493 (N.Y. App. Div. 1987)

Citing Cases

Sandy M. v. Timothy J

She did so. This case is dissimilar to the recently reported decision of Matter of Constance S. v Steven A. (…

Erie County Department of Social Services v. Vaughn W.

Memorandum: Respondent admitted that he was the father of the child, and an order of filiation was entered on…