GRANEY v. GRANEY


43 A.D.2d 207 (1973)

Michael S. Graney, an Infant, by Robert E. Heslin, His Guardian ad Litem, Appellant, v. John A. Graney, Jr., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 13, 1973.


Attorney(s) appearing for the Case

Lee, LeForestier & Frost (Jerome K. Frost of counsel), for appellant.

Donohue, Bohl, Clayton & Komar (Myron Komar of counsel), for respondent.

SWEENEY, KANE and REYNOLDS, JJ., concur with GREENBLOTT, J.; STALEY, JR., J. P., dissents and votes to reverse in a separate opinion.


GREENBLOTT, J.

This is an appeal from an order of the Supreme Court at Special Term, entered December 26, 1972 in Albany County, which granted defendant's motion to dismiss the complaint.

The plaintiff and defendant are, respectively, a child and his parent. The pertinent facts are sufficiently set forth in the dissenting opinion of Mr. Justice STALEY. In our view, the determinative issue is the same...

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