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H.M. v. E.T.

65 A.D.3d 119 (2009)

881 N.Y.S.2d 113

In the Matter of H.M., Respondent, v. E.T., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 26, 2009.

Attorney(s) appearing for the Case

Rosenthal & Markowitz, LLP, Elmsford (Adrienne J. Orbach and Lisa Solomon of counsel), for appellant.

Proskauer Rose LLP, New York City (Robyn S. Crosson and Justin F. Heinrich of counsel), for respondent.

ANGIOLILLO and CHAMBERS, JJ., concur with COVELLO, J.; BALKIN, J., and FISHER, J.P., dissent and vote to affirm the order appealed from in a separate opinion by BALKIN, J.

OPINION OF THE COURT

COVELLO, J.

In this Family Court proceeding, a child's birth mother seeks to have another female, lacking legal ties to her, and lacking biological and legal ties to the child, adjudicated a parent of the child and required to pay child support. The question presented for our consideration is whether the Family Court has subject matter jurisdiction to entertain such an application. Because the application is not of a type that the Family...

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