MTR JOHN H v. ARLENE R


97 Misc.2d 887 (1979)

In the Matter of John Lormont H., Petitioner, v. Arlene Francis R., Respondent. In the Matter of Anthony Patrick A., Petitioner, v. Arlene Francis R., Respondent.

Family Court, Bronx County.

January 8, 1979


Attorney(s) appearing for the Case

Elaine L. Kaplan for John Lormont H., petitioner. Bernard M. Bier for Anthony Patrick A., petitioner.


ELRICH A. EASTMAN, J.

These paternity proceedings present a common issue of law. That issue is whether a putative father may commence a paternity proceeding naming only the deceased natural mother as the respondent. Stated differently, the issue is whether the Family Court has the authority to enter an ex parte order of filiation.

Petitioner, John H. has submitted a petition alleging that he is the father of Carlotta Annette R. born out of wedlock...

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