Edward WW. v. Diana XX.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Family Court of Albany County (Maney, J.), entered October 15, 2009, which, in a proceeding pursuant to Family Ct Act article 5, granted respondent’s motion to dismiss the petition.
Petitioner had a sexual relationship with respondent (hereinafter the mother) during the time the subject child (born in September 1998) was likely conceived. Petitioner was incarcerated in early 1998, and asserts that he did not learn of the mother’s pregnancy until “later in the year, that is, in 1998.” The mother was never married to petitioner nor did she ever live with him.…
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