A.C.S. Child Support Litigation Unit v. David S.

Order, Family Court, New York County (M. Jay Segal, Referee), entered on or about March 14, 2005, which denied appellant putative father’s motion to vacate an order of filiation entered on default, unanimously affirmed, without costs.

First of all, appellant failed to show excusable default. Notwithstanding his three-year prison sentence, the paternity proceeding, including the order to take a DNA test, was commenced more than five months before appellant was incarcerated. He already was aware of the proceeding, and his conclusory statements that he did not know he could seek assistance while…