Westchester County Department of Social Services v. Travis W.

Appellate Division of the Supreme Court of New York

Westchester County Department of Social Services v. Travis W.

216 A.D.2d 307, 627 N.Y.S.2d 985, 1995 N.Y. App. Div. LEXIS 5929

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

DecidedJune 5, 1995

StatusPublished

This text of 216 A.D.2d 307 (Westchester County Department of Social Services v. Travis W.) 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

Westchester County Department of Social Services v. Travis W., 216 A.D.2d 307, 627 N.Y.S.2d 985, 1995 N.Y. App. Div. LEXIS 5929 (N.Y. Ct. App. 1995).

Pincite

Opinion

In a proceeding to establish paternity pursuant to Family Court Act article 5, the petitioner appeals from an order of the Family Court, Westchester County (Scancerelli, J.), dated October 19, 1993, which denied the petitioner’s objections to an order of the same court (Mrsich, J.H.O.), dated August 26, 1993, dismissing the petition without prejudice.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Westchester County, for further proceedings on the petition.

Since the father admitted paternity of the child in this case, it was error for the Judicial Hearing Officer to dismiss the petition when the mother failed to appear after the paternity proceeding had been adjourned once because of her nonappearance (cf., Matter of McEwen [Gerri L.] v Donnie R. O., 192 AD2d 708). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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In a proceeding to establish paternity pursuant to Family Court Act article 5, the petitioner appeals from an order of the Family Court, Westchester County (Scancerelli, J.), dated October 19, 1993, which denied the petitioner’s objections to an order of the same court (Mrsich, J.H.O.), dated August 26, 1993, dismissing the petition without prejudice.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Westchester County, for further proceedings on the petition.

Since the father admitted paternity of the child in this case, it was error for the Judicial Hearing Officer to dismiss the petition when the mother failed to appear after the paternity proceeding had been adjourned once because of her nonappearance (cf., Matter of McEwen [Gerri L.] v Donnie R. O., 192 AD2d 708). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

216 A.D.2d 307, 627 N.Y.S.2d 985, 1995 N.Y. App. Div. LEXIS 5929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westchester-county-department-of-social-services-v-travis-w-nyappdiv-1995.

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