D. S. S. v. Wolfe

Citation334 N.Y.S.2d 689,70 Misc.2d 590
PartiesIn the Matter of Paternity Petition of D.S.S. o/b/o Mabel B., * Petitioner, v. Leonard WOLFE, * Respondent. In the Matter of Paternity Petition of D.S.S. o/b/o Roberta B., * Petitioner, v. Leonard WOLFE, * Respondent.
Decision Date06 June 1972
CourtNew York City Court

LOUIS OTTEN, Judge:

These two paternity proceedings present an interesting outgrowth of a proceeding on a writ of habeas corpus brought by the maternal grandmother of the children in the Supreme Court of Bronx County and referred to the Family Court, which proceeding relating to custody of the children is still pending. The decisions in the instant cases are not, nor are they intended to be, dispositive of the habeas corpus proceeding, although they may be relevant to the determination thereof. Accordingly, the petitioner in said proceeding (the maternal grandmother) and her attorney were allowed to be present and to participate in the paternity hearings.

The two children, both girls, subjects of these proceedings were born January 13, 1966 and April 20, 1967, respectively. Their mother died on August 16, 1970, at 24 years of age.

During her lifetime the mother received public assistance, and the records of the Department of Social Services which were received in evidence, indicate that on several occasions she named respondent as the father of the two children. As to the older child, Mabel, she did make other inconsistent statements. The respondent not only admits, but emphatically asserts that he is the father of both children. He is currently providing for their care and support and has for sometime had actual custody of the children.

The maternal grandmother who has custody of several halfsiblings of the children here involved, receives public assistance for the care of her charges. Consequently, absent findings of paternity, these two children are likely to become public charges. The proceedings therefore are properly originated by a public welfare official of the City of New York in accordance with section 522 of the Family Court Act and are timely instituted within the provisions of section 517(b) of that act.

Although the right of a putative father to maintain a paternity proceeding is highly questionable (Roe v. Roe, 65...

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2 cases
  • Ivy v. State Dept. of Public Welfare
    • United States
    • Mississippi Supreme Court
    • April 11, 1984
    ...Division v. Gilliland, 54 Or.App. 283, 634 P.2d 820 (1981); Fox v. Hohenshelt, 19 Or.App. 617, 528 P.2d 1376 (1974); D.S.S. v. Wolfe, 70 Misc.2d 590, 334 N.Y.S.2d 689 (1972). It has also been stated that such statutes are intended to "protect the public purse." Commissioner of Social Servic......
  • Santuccio, Application of
    • United States
    • New York Supreme Court
    • June 16, 1972

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