Westchester County Department of Social Services v. Robert W.R.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cozier, J.
This appeal presents for our consideration two issues of first impression. First, whether Family Court Act § 516-a (b) requires the Family Court to conduct a hearing before ordering a genetic marker test (hereinafter GMT) to determine issues of fraud, duress, or material mistake of fact upon receiving a challenge to an acknowledgment of paternity brought more than 60 days after its execution. Second, where a party meets his burden of establishing fraud, duress, or material mistake of fact, whether the Family Court is then required to conduct a hearing regarding…
2Cases cited12 opinions
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- Charles v. CharlesAppellate Division of the Supreme Court of the State of New York · 2002
- Anderson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974
- Matter of Anderson v. Bd. of Educ. of the City of YonkersNew York Court of Appeals · 1976
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