Summary
In Margaret B. the respondent raised the affirmative defense of the Statute of Limitations. Petitioner, in order to toll the two-year limitation, had to produce evidence of respondent's written acknowledgment of paternity or past support of the child.
Summary of this case from Matter of Pamela P. v. Ray JOpinion
Argued February 18, 1977
Decided April 5, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, KENNETH L. SHORTER, J.
Esther D. Curtwright, Jeffrey E. Glen and John H. Kirklin for appellant.
W. Bernard Richland, Corporation Counsel (Diane R. Eisner and L. Kevin Sheridan of counsel), for respondent.
Order reversed, without costs, and petitioner's motion denied on the dissenting opinion by Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division ( 51 A.D.2d 456, 461-462). Question certified answered in the negative.
Concur: Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE. Judges JASEN and JONES dissent and vote to affirm on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 51 A.D.2d 456, 457-461).