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eBook details

• Title: Matter Salvatore S. v. Anthony S. Et Al.
• Author : Supreme Court of New York
• Release Date : January 18, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

[58 A.D.2d 867 Page 867] In a proceeding, inter alia, to declare that petitioner is the father of a certain infant, petitioner appeals from an order of the Supreme Court, Nassau County, dated January 6, 1977, which, on the court's own motion, transferred the proceeding to the Family Court, Nassau County. Order reversed, on the law, without costs or disbursements, and it is directed that the action be tried in the Supreme Court. Petitioner commenced this action for a declaratory judgment in order to determine the status of a child who was born on August 5, 1976. Petitioner alleges that he, and not the mother's husband, is the child's father. At the time the action was commenced petitioner could not have brought it in the Family Court. However, section 522 of the Family Court Act was amended, effective January 1, 1977, so as to permit a putative father to commence a paternity proceeding. Pursuant to this amendment, Special Term transferred the proceeding to the Family Court, determining that it was more appropriate for the proceeding to be handled in that court. Section 522 was enacted not only to protect the welfare of a child born out of wedlock, but to indemnify the government for the expense of supporting the child (see Matter of J., 50 A.D.2d 890; Matter of Roe v Roe, 65 Misc. 2d 335). Since the statute was primarily intended to insure that the child be financially provided for by the putative father and not the State, the effect of an order of filiation on the [58 A.D.2d 867 Page 868]

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