MATTER OF COMM'R OF SOC SERVS. OF THE COUNTY OF ERIE v. HARGROVE


84 A.D.2d 946 (1981)

In the Matter of The Commissioner of Social Services of the County of Erie, on Behalf of Odell Truehart, Appellant, v. Samuel Hargrove, Respondent

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

November 13, 1981


Order unanimously reversed, without costs, and petition reinstated.

Memorandum:

Petitioner filed several petitions in Family Court charging respondent with being the father of a child born to her out of wedlock. All were dismissed for varying reasons, most generally because of the nonappearance of one or the other of the parties. At no time did the court address, or have the opportunity to address, the merits of the several petitions. Petitioner appeals from...

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