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MATTER OF STUCKEY v. STACKPOLE

179 A.D.2d 1001 (1992)

In the Matter of Janet S. Stuckey, Respondent, v. Alex C. Stackpole, Appellant

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

January 31, 1992

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: In determining the issue of paternity, the Judicial Hearing Officer erred in awarding custody to petitioner because the issue of custody was not raised either in the paternity petition or at the hearing (see, Obey v Degling, 37 N.Y.2d 768; Matter of Blake v Blake, 106 A.D.2d 916...

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