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Margaret Ann E. v. Huban F.

Court of Appeals of the State of New York
Sep 24, 1981
427 N.E.2d 950 (N.Y. 1981)

Opinion

Argued September 17, 1981

Decided September 24, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ALLAN DIXON, J.

Marvin I. Honig, County Attorney, pro se, and Robert D. Wilcox for appellant.

Robert Abrams, Attorney-General (Peter J. Dooley and Shirley Adelson Siegel of counsel), for ALLAN DIXON, Judge of the Rensselaer County Court.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is within the Family Court's authority pursuant to section 254 FCT of the Family Court Act to appoint the County Attorney to present the case "in support of the petition" in a paternity proceeding before the court. The Family Court's discretion is restricted only by the statutory requirement that the presentation be in support of the purposes of the act. The Legislature has given Family Court broad authority to request and receive assistance from other departments of government.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Margaret Ann E. v. Huban F.

Court of Appeals of the State of New York
Sep 24, 1981
427 N.E.2d 950 (N.Y. 1981)
Case details for

Margaret Ann E. v. Huban F.

Case Details

Full title:In the Matter of MARGARET ANN E. (ANONYMOUS), Petitioner, v. HUBAN F…

Court:Court of Appeals of the State of New York

Date published: Sep 24, 1981

Citations

427 N.E.2d 950 (N.Y. 1981)
427 N.E.2d 950
443 N.Y.S.2d 653

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