Legal Opinion

Westchester County Department of Social Services v. Robert W.R.

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

Decided October 31, 2005PublishedCited by 35 opinions

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

  1. Garcia v. City of New YorkNew York Court of Appeals · 1985
  2. Allstate Insurance v. LibowAppellate Division of the Supreme Court of the State of New York · 1984
  3. Charles v. CharlesAppellate Division of the Supreme Court of the State of New York · 2002
  4. Anderson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974
  5. Matter of Anderson v. Bd. of Educ. of the City of YonkersNew York Court of Appeals · 1976

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3Cited by35 opinions

  1. Derrick H. v. Martha J.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Darlene L.-B. v. Claudio B.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Smythe v. WorleyAppellate Division of the Supreme Court of the State of New York · 2010
  4. Demetrius H. v. Mikhaila C.M.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Oscar X.F. v. Ileana R.H.Appellate Division of the Supreme Court of the State of New York · 2013

30 more not listed; retrieve them via the Exa API.

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