Commissioner of Social Services v. Bueme

Appellate Division of the Supreme Court of New York

Commissioner of Social Services v. Bueme

96 A.D.2d 1147, 467 N.Y.S.2d 829, 1983 N.Y. App. Div. LEXIS 19837

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1983·Published

Opinion

— Order unanimously reversed, without costs, motion denied, and petition reinstated. Memorandum: Inasmuch as the original petition was dismissed without prejudice and the instant petition was refiled within the statutory period of limitation (see Family Ct Act, § 517, subd [b]) there was no legal basis to dismiss (see Matter of Commissioner of Social Servs. v Reichlin, 93 AD2d 1000; Matter of Commissioner of Social Servs. v Hargrove, 84 AD2d 946). (Appeal from order of Erie County Family Court, Notaro, J. — paternity.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

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— Order unanimously reversed, without costs, motion denied, and petition reinstated. Memorandum: Inasmuch as the original petition was dismissed without prejudice and the instant petition was refiled within the statutory period of limitation (see Family Ct Act, § 517, subd [b]) there was no legal basis to dismiss (see Matter of Commissioner of Social Servs. v Reichlin, 93 AD2d 1000; Matter of Commissioner of Social Servs. v Hargrove, 84 AD2d 946). (Appeal from order of Erie County Family Court, Notaro, J. — paternity.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

Commissioner of Social Services v. Bueme, 96 A.D.2d 1147, 467 N.Y.S.2d 829, 1983 N.Y. App. Div. LEXIS 19837 (N.Y. Ct. App. 1983).

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