Opinion
May 31, 1967
Appeal by the respondent-appellant from an order of filiation and support of the Clinton County Family Court. The record establishes the fact of paternity, but the appellant argues that there is no acknowledgment of paternity in writing or furnishing of support sufficient to toll the two-year Statute of Limitations found in section 517 FCT of the Family Court Act. The respondent did not testify or offer any proof on this proceeding. The petitioner testified that she and the respondent lived together as man and wife without benefit of marriage from 1955 to 1960. The child at issue was born in 1958. The sole support of the family when the child was born was the father and after the parties separated in 1960 he continued for some time to give support money to the petitioner. A hospital record of a consent to perform an operation on the child was introduced in evidence and the signature of the nearest relative thereon was identified by the petitioner as that of the respondent. The relevant portion of this record is as follows: "If the patient is under 21 years of age or is of unsound mentality the signature of nearest relative or friend is required, with at least one witness. ( Respondent) Relationship, Father Age 38". This is a clear and concise written acknowledgment of paternity. (See Family Court Act, § 517; Matter of Anonymous v. Anonymous, 25 A.D.2d 350, affd. 19 N.Y.2d 840.) Order affirmed, with costs to petitioner. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum Per Curiam.