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Matter of Marcella v. Karl

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 557 (N.Y. App. Div. 1996)

Opinion

March 4, 1996

Appeal from the Family Court, Kings County (Esquirol, J.).


Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision ( see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the appeal from the order taken as of right is dismissed, without costs or disbursements, as no appeal lies as of right from an order of filiation entered in a proceeding in which an order of support is requested ( see, Family Ct Act § 1112; Matter of Jane PP. v Paul QQ., 64 N.Y.2d 15; Matter of Everlyn T. v Willis Charles T., 155 A.D.2d 546; Matter of Harstein [Julie S.] v Mike S., 107 A.D.2d 684); and it is further,

Ordered that on the Court's own motion, the notice of appeal is deemed an application for leave to appeal and leave to appeal is granted ( see, Family Ct Act § 1112 [a]); and it is further,

Ordered that on appeal by permission, the order is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Family Court correctly determined that the defense of "contraceptive fraud" is not relevant to the issue of paternity ( see, Matter of L. Pamela P. v Frank S., 59 N.Y.2d 1).

We have considered the appellant's remaining contentions and find that they do not warrant reversal. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Matter of Marcella v. Karl

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 557 (N.Y. App. Div. 1996)
Case details for

Matter of Marcella v. Karl

Case Details

Full title:In the MATTER OF MARCELLA S., Respondent, v. KARL T., Appellant

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

Date published: Mar 4, 1996

Citations

225 A.D.2d 557 (N.Y. App. Div. 1996)
639 N.Y.S.2d 86