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HORN v. HORTON

90 Misc.2d 159 (1977)

Diane Horn, Petitioner, v. Dan Horton, Respondent.

Family Court, Steuben County.

April 11, 1977

Attorney(s) appearing for the Case

Knapp & Kuhl (John R. Kuhl, Jr., of counsel), for petitioner. Henry J. Scudder for respondent.

FREDERICK D. DUGAN, J.

In this paternity proceeding, the mother's petition was filed in the Family Court within two years of the child's birth. (Family Ct Act, § 517, subd [a].) Respondent moves to dismiss the petition for lack of jurisdiction since the summons was not issued or served until more than three years later, after the child's fifth birthday. (Family Ct Act, §§ 523, 524.)

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