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D'ELIA v. DOUGLAS B.

138 Misc.2d 370 (1988)

In the Matter of Joseph A. D'Elia, as Commissioner of the Nassau County Department of Social Services, on Behalf of Maggie M., Petitioner, v. Douglas B., Respondent.

Family Court, Nassau County.

January 13, 1988

Attorney(s) appearing for the Case

Edward T. O'Brien, County Attorney (Patricia M. Mackreth of counsel), for petitioner. Debra Greenberg for respondent.

JOHN D. CAPILLI, J.

This motion raises unanswered questions of procedure when a respondent decides to dispute an order of filiation made under section 439 (b) of the Family Court Act after his time to object under section 439 (e) has expired. In this case, respondent made a motion pursuant to CPLR 5015 to vacate the order of filiation made and entered after respondent's undisputed admission of paternity before...

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