[Download] "Matter Rita Howard v. Edward Robinson" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Rita Howard v. Edward Robinson
- Author : Supreme Court of New York
- Release Date : January 30, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appellant appeared at the hearing below without counsel. Under the circumstances, the trial court erred in putting questions
to him without first advising him of his statutory right (Family Ct. Act, 531) to refuse to testify (Matter of Dean v. Young,
31 A.D.2d 630). Accordingly, the filiation and support order must be reversed and a new hearing granted, especially since
there is no evidence of paternity apart from appellant's admission on the hearing. Additionally, we are of the opinion that
the provisions of CPLR 208 relating to infants may not be employed to extend the time prescribed by subdivision (a) of section
517 of the Family Court Act during which a mother is permitted to commence a filiation proceeding (Matter of Anonymous v.
Anonymous, 48 Misc. 2d 949; see, also, Cimo v. State of New York, 306 N. Y. 143, 150, and cases cited therein; Family Ct.
Act, 522). Since this proceeding was not commenced within two years after the child's birth, petitioner may not prevail
upon the hearing ordered hereby unless she alleges and proves that "paternity has been acknowledged by the father in writing
or by furnishing support" (Family Ct. Act, 517, subd. [a]). Disposition Order dated September 27, 1966 reversed, on the law, without costs, and proceeding remitted to the Family Court
for a new hearing. The findings of fact below are affirmed. Appeal from order dated February 8, 1968 dismissed as academic,
without costs.