Thursday, January 26, 2017

A challenge to the decedent's paternity of a child in a wrongful death action.

The Appellate Division affirmed the order denying the defendants' motion, which sought a determination that they had standing to challenge the decedent's paternity of a child in a wrongful death action.

The Appellate Division found that the Supreme Court acted within its authority when, sua sponte, it reconsidered its own nonfinal order that related to genetic marker testing of the child.  The court properly determined that the defendants, who were non-signatories to the acknowledgment of paternity, lacked standing to have it vacated, as they do not fall within any of the classes of parties authorized to commence a paternity proceeding, pursuant to Family Court Act § 522.

Case:  Butler. v. County of Suffolk, NY Slip Op 00285 (2d Dep't January 18, 2017)

Here is the decision.

Tomorrow's issue:  The inapplicability of res ipsa loquitur.