Nassau County Department of Social Services ex rel. Gloria B. v. Bertram U.

Appellate Division of the Supreme Court of New York

Nassau County Department of Social Services ex rel. Gloria B. v. Bertram U.

206 A.D.2d 431, 616 N.Y.S.2d 190

Appellate Division of the Supreme Court of the State of New York·Decided July 11, 1994·Published

Opinion

In a paternity proceeding pursuant to Family Court Act article 5, Bertram U. appeals from an order of the Family Court, Nassau County (Feiden, J.), entered March 6, 1992, which dismissed his petition to vacate a prior order of filiation.

Ordered that the order is affirmed, without costs or disbursements.

The appellant failed to establish the existence of any newly-discovered evidence (see, CPLR 5015 [a] [2]) or that the respondent had engaged in "fraud, misrepresentation, or other misconduct” (CPLR 5015 [a] [3]). Accordingly, his application to vacate the prior order of filiation was properly denied. Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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In a paternity proceeding pursuant to Family Court Act article 5, Bertram U. appeals from an order of the Family Court, Nassau County (Feiden, J.), entered March 6, 1992, which dismissed his petition to vacate a prior order of filiation.

Ordered that the order is affirmed, without costs or disbursements.

The appellant failed to establish the existence of any newly-discovered evidence (see, CPLR 5015 [a] [2]) or that the respondent had engaged in "fraud, misrepresentation, or other misconduct” (CPLR 5015 [a] [3]). Accordingly, his application to vacate the prior order of filiation was properly denied. Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

Nassau County Department of Social Services ex rel. Gloria B. v. Bertram U., 206 A.D.2d 431, 616 N.Y.S.2d 190 (N.Y. Ct. App. 1994).

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206 A.D.2d 431 (Nassau County Department of Social Services ex rel. Gloria B. v. Bertram U.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.