Bason v. Braxton

New York Court of Appeals

Bason v. Braxton

295 N.E.2d 188, 31 N.Y.2d 1050, 342 N.Y.S.2d 377, 1973 N.Y. LEXIS 1460

DecidedFebruary 16, 1973

StatusPublished

This text of 295 N.E.2d 188 (Bason v. Braxton) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bason v. Braxton, 295 N.E.2d 188, 31 N.Y.2d 1050, 342 N.Y.S.2d 377, 1973 N.Y. LEXIS 1460 (N.Y. 1973).

Pincite

Opinion

Order affirmed, without costs, and the question certified answered in the affirmative. The appeal from so much of the Appellate Division order as affirmed the Family Court order adjudicating appellant to be the father of petitioner’s child is not before us, because that branch of the order is not final within the meaning of the Constitution (see Matter of Patricia “ O ” v. Tracy “ P ”, 30 N Y 2d 566; Matter of Mary “ A ” v. John “ B ”, 27 N Y 2d 799). We may, however, reach the merits of the case since the appeal upon a certified question from so much of the Appellate Division order as affirmed the Family Court’s order denying the motion to set aside the adjudication of paternity presents issues of law ‘ ‘ decisive of the correctness of its determination ” (CPLR 5713).

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabbielli, Jones and Wachtleb.

Free access — add to your briefcase to read the full text and ask questions with AI

Order affirmed, without costs, and the question certified answered in the affirmative. The appeal from so much of the Appellate Division order as affirmed the Family Court order adjudicating appellant to be the father of petitioner’s child is not before us, because that branch of the order is not final within the meaning of the Constitution (see Matter of Patricia “ O ” v. Tracy “ P ”, 30 N Y 2d 566; Matter of Mary “ A ” v. John “ B ”, 27 N Y 2d 799). We may, however, reach the merits of the case since the appeal upon a certified question from so much of the Appellate Division order as affirmed the Family Court’s order denying the motion to set aside the adjudication of paternity presents issues of law ‘ ‘ decisive of the correctness of its determination ” (CPLR 5713).

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabbielli, Jones and Wachtleb.

Cite This Page — Counsel Stack

Bluebook (online)

295 N.E.2d 188, 31 N.Y.2d 1050, 342 N.Y.S.2d 377, 1973 N.Y. LEXIS 1460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bason-v-braxton-ny-1973.