Jason H. v. John C.

Appellate Division of the Supreme Court of New York

Jason H. v. John C.

226 A.D.2d 638, 641 N.Y.S.2d 377, 1996 N.Y. App. Div. LEXIS 4443

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 22, 1996

StatusPublished

Cited by7 cases

This text of 226 A.D.2d 638 (Jason H. v. John C.) 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.

Bluebook

Jason H. v. John C., 226 A.D.2d 638, 641 N.Y.S.2d 377, 1996 N.Y. App. Div. LEXIS 4443 (N.Y. Ct. App. 1996).

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Opinion

In a proceeding to establish paternity and for child support, the petitioner appeals from an order of the Family Court, Suffolk County (Snellenburg, J.), entered September 19, 1994, which granted the motion of the respondent to dismiss the petition.

[639]*639Ordered that the order is affirmed, without costs or disbursements.

The petitioner commenced this proceeding, inter alia, to establish that the respondent was his biological father. However, in 1984, the petitioner’s mother commenced and unsuccessfully prosecuted a proceeding for the same relief (see, Matter of Denise H. v John C., 135 AD2d 816). Accordingly, because the petitioner and his mother are parties in privity with one another, the instant proceeding is barred by the doctrine of res judicata (see, Matter of Slocum [Nathan A.] v Joseph B., 183 AD2d 102). Contrary to the petitioner’s assertions on appeal, the record reveals that the proceeding commenced by the petitioner’s mother was neither commenced nor prosecuted by the Department of Social Services pursuant to Family Court Act § 571 (see, Matter of Cathleen P. v Gary P., 63 NY2d 805; Matter of Rhonda Y. v Victor Z., 198 AD2d 596).

The petitioner’s remaining contention is without merit. Mangano, P. J., Ritter, Hart and McGinity, JJ., concur.

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In a proceeding to establish paternity and for child support, the petitioner appeals from an order of the Family Court, Suffolk County (Snellenburg, J.), entered September 19, 1994, which granted the motion of the respondent to dismiss the petition.

[639]*639Ordered that the order is affirmed, without costs or disbursements.

The petitioner commenced this proceeding, inter alia, to establish that the respondent was his biological father. However, in 1984, the petitioner’s mother commenced and unsuccessfully prosecuted a proceeding for the same relief (see, Matter of Denise H. v John C., 135 AD2d 816). Accordingly, because the petitioner and his mother are parties in privity with one another, the instant proceeding is barred by the doctrine of res judicata (see, Matter of Slocum [Nathan A.] v Joseph B., 183 AD2d 102). Contrary to the petitioner’s assertions on appeal, the record reveals that the proceeding commenced by the petitioner’s mother was neither commenced nor prosecuted by the Department of Social Services pursuant to Family Court Act § 571 (see, Matter of Cathleen P. v Gary P., 63 NY2d 805; Matter of Rhonda Y. v Victor Z., 198 AD2d 596).

The petitioner’s remaining contention is without merit. Mangano, P. J., Ritter, Hart and McGinity, JJ., concur.

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Bluebook (online)

226 A.D.2d 638, 641 N.Y.S.2d 377, 1996 N.Y. App. Div. LEXIS 4443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jason-h-v-john-c-nyappdiv-1996.

Opinion

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