MATTER OF FELIX O. v. JANETTE M.

2011-00022.

89 A.D.3d 1089 (2011)

934 N.Y.S.2d 424

2011 NY Slip Op 8757

In the Matter of FELIX O., Respondent, v. JANETTE M. et al., Appellants. KAREN P. SIMMONS, Attorney for the Child, Nonparty Appellant.

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

Decided November 29, 2011.


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, the cross motion is denied, and the petition is dismissed.

In July 1999 the appellant Janette M. (hereinafter the mother) gave birth to the subject child while she was married to the appellant Herbert M. (hereinafter the husband). The child was the third of six children born during the marriage. In January 2004 the petitioner, alleging that he was the child's father, commenced...

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