Legal Opinion
Matter of Luis Hugo O. v. Paola O.
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 2015No. 2014-09931PublishedCited by 2 opinions
1Opinion of the Court
Appeal from an order of the Family Court, Suffolk County (Theresa Whelan, J.), dated July 25, 2014. The order, after a hearing, dismissed the petition to vacate an acknowledgment of paternity.
Ordered that the order is affirmed, without costs or disbursements.
A party seeking to challenge an acknowledgment of paternity more than 60 days after its execution must prove that it was signed by reason of fraud, duress, or material mistake of fact (see Family Ct Act § 516-a [b] [ii]). If the petitioner meets this burden, the court is required to conduct a further inquiry to determine whether the…
2Cases cited6 opinions
- MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
- JUANITA A. v. Kenneth Mark N.New York Court of Appeals · 2010
- Derrick H. v. Martha J.Appellate Division of the Supreme Court of the State of New York · 2011
- Sidney W. v. Chanta J.Appellate Division of the Supreme Court of the State of New York · 2013
- Angelo A.R. v. Tenisha N.W.Appellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matter of Kaori (Omar J.--Shalette S.)Appellate Division of the Supreme Court of the State of New York · 2016
- Westchester County Department of Social Services Ex Rel. Pauline M.B. v. Arnoldo B.Appellate Division of the Supreme Court of the State of New York · 2015