MATTER OF JASON E. v. TANIA G.

2046

69 A.D.3d 518 (2010)

893 N.Y.S.2d 542

2010 NY Slip Op 560

In the Matter of JASON E., Respondent, v. TANIA G., Respondent. GREGORY W., Nonparty Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 26, 2010.


Contrary to the court's conclusion that appellant had no further interest in the outcome of petitioner's paternity proceeding after his own paternity petition was dismissed on default, as the husband of the child's mother at the time of the child's birth, appellant is presumed to be the child's father until the presumption is rebutted, and therefore was a necessary party to petitioner's paternity proceeding (see Family Ct Act § 417; Matter of Marilene S. v...

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