Commissioner of Social Services v. Robert M.
This text of 68 A.D.2d 891 (Commissioner of Social Services v. Robert M.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a filiation proceeding, the appeal (by permission) is from an order of the Family Court, Kings County, dated April 10, 1978, which denied appellant’s motion for an examination before trial of the petitioner and her assignor. Order reversed, on the law, and motion granted, without costs or disbursements. The examination shall proceed at a time and place to be fixed in a written notice of not less than 20 days to be given by the appellant, or at such time and place as the parties may agree. Appellant is entitled to an examination before trial as of right without the necessity of showing special circumstances (see Matter of Maureen E. O’H. v Nicholas C., 65 AD2d 491). Damiani, J. P., Suozzi, Lazer and Rabin, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
68 A.D.2d 891, 413 N.Y.S.2d 759, 1979 N.Y. App. Div. LEXIS 11131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-v-robert-m-nyappdiv-1979.