Opinion
April 22, 1985
Appeal from the Supreme Court, Suffolk County (Corso, J.).
Order reversed insofar as appealed from, without costs or disbursements, and matter remitted to the Supreme Court, Suffolk County, for a new determination of the issues raised herein after appointment of a guardian ad litem to represent the interests of the subject infant.
What is at stake in the underlying action is the paternity of a 17-year-old child. Pursuant to CPLR 1001 (a), persons who might be inequitably affected by a judgment in an action should be made a party thereto. A child whose paternity is being refuted, as in the instant case, clearly constitutes such a person. Accordingly, a resolution of the issues raised by plaintiff's action requires the joinder of his purported daughter so that all persons whose interests are affected will be before the court ( see, Matter of Fellner v. McMurray, 41 A.D.2d 853, 854). Upon remittitur, a guardian ad litem shall be appointed in accordance with CPLR 1202 in order to insure the protection of the child's interests.
Although nonjoinder of a necessary party was not raised by anyone at Special Term, it may be raised on the court's own motion at any stage of a case ( see, Matter of Lezette v. Board of Educ., 35 N.Y.2d 272, 282; First Natl. Bank v. Shuler, 153 N.Y. 163, 170; Matter of Ozols v. Henley, 81 A.D.2d 670, 671, appeal dismissed 54 N.Y.2d 1023; Matter of Fellner v. McMurray, supra; CPLR 1003; 2 Weinstein-Korn-Miller, N.Y. Civ Prac, ¶ 1001.03).
In the present posture of this case, we pass upon no further issue. Gibbons, J.P., Weinstein, Brown and Eiber, JJ., concur.