Lisa Marie UU v. Mario Dominick VV
| Decision Date | 09 October 1980 |
| Citation | 432 N.Y.S.2d 411,78 A.D.2d 711 |
| Parties | In the Matter of LISA MARIE UU * , Respondent, v. MARIO DOMINICK VV *, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Bruno Colapietro, Binghamton, for appellant.
E. Dean Shadduck, Broome County Social Services Dept., Binghamton, for respondent.
Robert Abrams, Atty. Gen. (Lawrence J. Logan, Asst. Atty. Gen., of counsel), appearing pursuant to § 71, Executive Law.
Before MAHONEY, P. J., and SWEENEY, KANE, CASEY and HERLIHY, JJ.
Appeal from that part of an order of the Family Court of Broome County, entered March 29, 1979, which directed appellant to pay respondent's confinement expenses.
Following commencement of a paternity proceeding by respondent, an order of filiation was entered. On December 7, 1978, an order was entered directing appellant to pay $15 per week in child support. This support order was modified by an order entered March 29, 1979 fixing respondent's confinement expenses in the amount of $1,212.46 and directing appellant to reimburse the Social Services Department for them at the rate of $5 per week. This modification was made pursuant to section 514 of the Family Court Act which provides that, "The father is liable to pay the reasonable expenses of the mother's confinement and recovery and such reasonable expenses in connection with her pregnancy as the court in its discretion may deem proper." (Family Ct. Act, § 514).
On this appeal, appellant contends that section 514 of the Family Court Act is unconstitutional in that it violates the equal protection clauses of the New York State and United States Constitutions. Since the statute is being challenged on equal protection grounds, it should be read expansively, if possible, so as to include the improperly excluded class and thus preserve its constitutionality (Goodell v. Goodell, App.Div., 429 N.Y.S.2d 789 (1980), mot. for lv. to app. den. 50 N.Y.2d ---, --- N.Y.S.2d ---,--- N.E.2d ---- (1980)). Accordingly, we read the statute in a gender-neutral manner authorizing the court to impose the obligation of paying for the confinement expenses of the mother of the child upon either the mother or father or both as the court, in its discretion, may deem proper. Under our interpretation, the court will then consider the means and responsibilities of each parent without regard to the sex of the parent. Such a construction eliminates any sex-based discrimination and negates appellant's...
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