Legal Opinion
Cecil R. v. Rachel A.
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2013PublishedCited by 3 opinions
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
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of Darnel J.P. v. Lianna Y.D.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Michael S. v. Sultana R.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Samuel O.M. v. Patricia Mari Daniella B.Appellate Division of the Supreme Court of the State of New York · 2016