Matter of Susan A. v. John K

Full title: MATTER OF SUSAN A., PETITIONER-RESPONDENT, v. JOHN K., RESPONDENT-APPELLANT

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 2, 2003

305 A.D.2d 1080 (N.Y. App. Div. 2003)

759 N.Y.S.2d 417

Opinion

CAF 02-02599

May 2, 2003.

Appeal from an order of Family Court, Erie County (Maxwell, J.), entered January 23, 2002, which dismissed the paternity petition without prejudice.

LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, WILLIAMSVILLE (DENIS A. SCINTA OF COUNSEL), FOR RESPONDENT-APPELLANT.

MORIARTY DEE, BUFFALO (ROBERT B. MORIARTY OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: PINE, J.P., WISNER, KEHOE, BURNS, AND GORSKI, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Respondent appeals from an order dismissing the instant paternity petition without prejudice, contending that the petition should have been dismissed with prejudice. Contrary to respondent's contention, Family Court is vested with discretion to dismiss a petition without prejudice, even after the close of petitioner's proof ( see CPLR 5013; see also Matter of Stacey O. v Donald P., 137 A.D.2d 965; Roland v. Hubbard, 36 A.D.2d 599).