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MTR OF COMR v. LAZARO F

99 Misc.2d 408 (1979)

In the Matter of Commissioner of Social Services of the City of New York, as Assignee of Betzaida D., Petitioner, v. Lazaro F., Respondent.

Family Court, New York County.

May 2, 1979

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Joseph M. Armstrong and David Ross of counsel), for petitioner. Lazaro F., respondent pro se.

KATHRYN McDONALD, J.

The issue before the court is whether, in a paternity proceeding brought by the Commissioner of Social Services as assignee of the natural mother, the lawful husband of the mother must be served.

The Corporation Counsel's brief memorandum of law relies on a 1940 Court of Appeals decision, Commissioner of Public Welfare v Koehler (284 N.Y. 260), and a 1977 Second Department...

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