MATTER OF DEP'T OF SOC SERVS. OF JEFFERSON COUNTY v. OVERDORF


115 A.D.2d 274 (1985)

In the Matter of The Department of Social Services of Jefferson County, on Behalf of Sally Collette, Appellant, v. Thomas Overdorf, Respondent

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

November 15, 1985


Order unanimously reversed, on the law, without costs, and order approving paternity agreement reinstated.

Memorandum:

Family Court erred in vacating its prior order of filiation on its own motion without notice to the parties and ordering a trial on the issue of paternity. First, the court was without authority to vacate its prior order nine months after its entry, upon its own motion, and without notice to the parties (see, CPLR 2221, 4404 [b]; 4405...

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