MTR OF NILSA BB v. BLACKWELL


84 A.D.2d 295 (1981)

In the Matter of Nilsa B. B., Appellant, v. Clyde Blackwell H., Respondent

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

December 31, 1981


Attorney(s) appearing for the Case

Glickman & McAlevey (Anne L. Glickman of counsel; Philip E. Greenwald on the brief), for appellant.

Laventhall & Zicklin (Robert Zicklin of counsel), for respondent.

LAZER, J. P., RABIN and COHALAN, JJ., concur with MARGETT, J.; LAZER, J. P., with a separate concurring opinion, in which COHALAN, J., concurs.


MARGETT, J.

We hold that neither CPLR 301 nor 302 (subd [b]) provides a basis for the exercise of personal jurisdiction by the courts of New York over a respondent in a paternity proceeding who is neither physically present nor domiciled in the State at the time of service of process and who has not consented to the exercise of such jurisdiction.

The petitioner in this paternity proceeding is a resident of New York. She alleges in her petition...

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