F.C.A. §§524, 531-a, 580-201; 580-202; 580-316. (TO BE USED ONLY
F.C.A. §§524, 531-a, 580-201; 580-202; 580-316. (TO BE USED ONLY WHEN PERSON BEING
(Summons-Paternity SUMMONED IS NOT A NEW YORK STATE
RESIDENT)
Non- Resident)
Form 5-1c
(Summons-
Paternity Non-
Resident)8/2010
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
In the Matter of a Proceeding under
Article 5 of the Family Court Act
Family File No. 217248
Docket No.
P-14755-24
Commissioner of Social Services, Assignee
on behalf of Ashley N. Barraclough, Assignor
Ashley N.
Barraclough,
SS#:XXX-XX-7105
Petitioner,
SUMMONS
PATERNITY-
-against-
NON-RESIDENT
Joseph Delio, Jr,
SS#:XXX-XX-8288
Respondent,
NOTICE TO NON-NEW YORK STATE RESIDENTS: SECTION 580-316 OF THE FAMILY COURT ACT OF THE STATE OF NEW YORK PROVIDES THAT THE COURT MAY PERMIT A PARTY OR WITNESS RESIDING IN ANOTHER STATE1 TO BE DEPOSED OR TO TESTIFY BY TELEPHONE,
AUDIO-VISUAL MEANS OR OTHER ELECTRONIC MEANS AT A DESIGNATED TRIBUNAL OR OTHER LOCATION IN THAT STATE. IF YOU ARE UNABLE TO APPEAR IN PERSON YOU MAY APPLY FOR PERMISSION TO TESTIFY BY TELEPHONE, AUDIOVISUAL MEANS OR OTHER ELECTRONIC MEANS. IF YOU WISH TO REQUEST THIS PERMISSION, YOU MUST RETURN THE ATTACHED "ELECTRONIC TESTIMONY APPLICATION" TO THIS COURT EITHER BY CERTIFIED MAIL OR TELEPHONE FACSIMILE ( Fax No.716-858-7551) IN ORDER FOR IT TO BE RECEIVED BY THIS COURT NOT LATER THAN THREE DAYS, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, IN ADVANCE OF THE HEARING DATE ON THIS SUMMONS. IF YOUR APPLICATION IS DENIED YOU WILL BE SO NOTIFIED. YOUR FAILURE TO APPEAR IN PERSON OR BY COURT-APPROVED ELECTRONIC TESTIMONY MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU.
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO THE ABOVE-NAMED RESPONDENT JOSEPH DELIO, JR residing at:
UNKNOWN
A Petition under Article 5 of the Family Court Act having been filed with this Court,
YOU ARE HEREBY SUMMONED to appear before this court at 1 Niagara Plaza Buffalo, New York on OCTOBER 2, 2025 PART 18 at 9:30AM o'clock in the morning of that day to show cause why the declaration of paternity, order of filiation, order of support and other and further relief prayed for by the petition should not be made.
On your failure to appear as herein directed, a warrant may be issued for your arrest.
Dated: 7/31/2025
Leanna Grasso
Chief Clerk of the Court
FINANCIAL
DISCLOSURE
NOTICE
IF THE COURT ENTERS AN ORDER OF PATERNITY (ORDER OF FILIATION), THE COURT WILL IMMEDIATELY PROCEED TO ENTER AN ORDER OF SUPPORT. IN THE SUPPORT PROCEEDING, YOU ARE REQUIRED TO PROVIDE THE COURT WITH A CURRENT AND REPRESENTATIVE PAY CHECK STUB AND MOST RECENTLY FILED STATE AND FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OF THE W-2(S) WAGE AND TAX STATEMENT SUBMITTED WITH ONE RETURN. YOU MAY BE REQUIRED TO FURNISH PAST INCOME TAX RETURNS; EMPLOYER STATEMENTS; PAY STUBS; CORPORATE, BUSINESS OR PARTNERSHIP BOOKS AND RECORDS; CORPORATE AND BUSINESS TAX RETURNS; AND RECEIPTS FOR EXPENSES OR SUCH OTHER MEASURES OF VERIFICATION AS THE COURT DETERMINES APPROPRIATE. IF YOU WILL BE CONSENTING TO ENTRY OF THE DECLARATION OF PATERNITY REQUESTED IN THE PETITION ON THE RETURN DATE OF THIS SUMMONS YOU SHOULD BRING THE ABOVE REFERENCED DOCUMENTS WITH YOU TO COURT ON THAT DAY.
NOTICE: Family Court Act §154(c) provides that petitions brought pursuant to Articles 4, 5, 6, 8 and 10 of the Family Court Act, in which an order of protection is sought or in which a violation of an order of protection is alleged, may be served outside the State of New York upon a Respondent who is not a resident or domiciliary of the State of New York. If no other grounds for obtaining personal jurisdiction over the Respondent exist aside from the application of this provision, the exercise of personal jurisdiction over the Respondent is limited to the issue of the request for, or alleged violation of, the order of protection. Where the Respondent has been served with this summons and petition and does not appear, the Family Court may proceed to a hearing with respect to issuance or enforcement of the order of protection.
PROCEDURES TO ADJOURN CASES SCHEDULED BEFORE SUPPORT MAGISTRATES
Request for an adjournment from a party, if represented by an attorney, will not be accepted by the Support Magistrates Office. Ony the attorney, or a self-represented party, may request an adjournment which must be in writing on notice to the opposing party.
All adjournment requests must be received four business days prior to the scheduled court date. Emergency situations will be handled on a case-by-case basis; You must provide a reason for an adjournment request and include three suggested dates that you are
available.
You may send an adjournment request to the Court by email, fax or mail to the address stated below.
The self-represented party, or attorney requesting adjournment and opposing self-represented party or attorney, must call the office at (716) 845-7465 at lease two business days prior to the scheduled court date to confirm if the adjournment is granted.
The court will send rescheduled notices if the adjournment request was from a self-represented party.
If the adjournment is granted at an attorney's request, then the attorney is directed to forward a confirming letter to the Court with a copy to the opponent and client.
You may send correspondence to one of the following:
a.) Email to ErieFamSupport@
nycourts.gov
b.) Fax to (716) 845-7551
c.) Mail to Erie County Family Court, Attn.:
Support Magistrates
Office, One Niagara Plaza, Buffalo, NY 14202