Felton R. v. Gloria P.

Appellate Division of the Supreme Court of New York

Felton R. v. Gloria P.

63 A.D.3d 515, 880 N.Y.S.2d 475

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 16, 2009

StatusPublished

Cited by2 cases

This text of 63 A.D.3d 515 (Felton R. v. Gloria P.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Felton R. v. Gloria P., 63 A.D.3d 515, 880 N.Y.S.2d 475 (N.Y. Ct. App. 2009).

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Opinion

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about March 14, 2008, which dismissed the petition seeking to vacate an acknowledgment of paternity, unanimously affirmed, without costs.

This proceeding was brought well beyond the statutory deadline for rescinding an acknowledgment of paternity, and petitioner failed to make a prima facie showing of fraud, duress or material mistake of fact (see Family Ct Act § 516-a [b]; Ng v Calderon, 6 AD3d 255 [2004]). Petitioner admitted that he signed the acknowledgment of paternity 12 years earlier with the knowledge that he was not the child’s biological father. Concur—Saxe, J.E, Sweeny, Moskowitz, Acosta and Richter, JJ.

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Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about March 14, 2008, which dismissed the petition seeking to vacate an acknowledgment of paternity, unanimously affirmed, without costs.

This proceeding was brought well beyond the statutory deadline for rescinding an acknowledgment of paternity, and petitioner failed to make a prima facie showing of fraud, duress or material mistake of fact (see Family Ct Act § 516-a [b]; Ng v Calderon, 6 AD3d 255 [2004]). Petitioner admitted that he signed the acknowledgment of paternity 12 years earlier with the knowledge that he was not the child’s biological father. Concur—Saxe, J.E, Sweeny, Moskowitz, Acosta and Richter, JJ.

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Bluebook (online)

63 A.D.3d 515, 880 N.Y.S.2d 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felton-r-v-gloria-p-nyappdiv-2009.

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