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MATTER OF MARGARET ANN E. v. HUBAN F.

54 N.Y.2d 814 (1981)

In the Matter of Margaret Ann E. (Anonymous), Petitioner, v. Huban F. (Anonymous), Respondent. Marvin I. Honig, as Rensselaer County Attorney, Appellant.

Court of Appeals of the State of New York.

Decided September 24, 1981.

Attorney(s) appearing for the Case

Marvin I. Honig, County Attorney, pro se, and Robert D. Wilcox for appellant.

Robert Abrams, Attorney-General (Peter J. Dooley and

Shirley Adelson Siegel of counsel), for ALLAN DIXON, Judge of the Rensselaer County Court.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is within the Family Court's authority pursuant to section 254 of the Family Court Act to appoint the County Attorney to present the case "in support of the petition" in a paternity proceeding before the court. The Family Court's discretion is restricted only by the statutory requirement that the presentation be in support of the purposes...

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