MTR OF JOSEPH A. v. GINA L.


126 Misc.2d 63 (1984)

In the Matter of Joseph A., Petitioner, v. Gina L., Respondent.

Family Court, Westchester County.

June 1, 1984


Attorney(s) appearing for the Case

Robert Schneider for administratrix. Nicholas Russo for respondent. Richard Strassfield, Law Guardian.


THOMAS A. FACELLE, J.

The instant case presents an interesting and novel issue not heretofore addressed by the courts of this State. Does a paternity proceeding commenced by a putative father abate when he dies after the filing of the petition? The resolution of this question requires a determination of the constitutionality of section 518 of the Family Court Act which deals only with the subsequent death of a mother. For the reasons hereinafter set forth...

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