Legal Opinion
Cecil R. v. Rachel A.
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2013Published
1Opinion of the Court
Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 26, 2011, which, after a hearing, denied petitioner’s motion to vacate an order dismissing his paternity petition on default, unanimously affirmed, without costs.
*546While petitioner demonstrated a reasonable excuse for his default in appearing, he failed to show a meritorious claim of paternity (see Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137, 141-142 [1983]; Matter of Jason E. v Tania G., 69 AD3d 518, 519 [1st Dept 2010]). The court improperly relied on a purported DNA test that was not in…
2Cases cited6 opinions
- MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- Fidel A. v. Sharon N.Appellate Division of the Supreme Court of the State of New York · 2010
- Enrique G. v. Lisbet E.Appellate Division of the Supreme Court of the State of New York · 2003
- Jason E. v. Tania G.Appellate Division of the Supreme Court of the State of New York · 2010
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