Thomas v. Rosasco

Mikoll, J. P.

Appeal from an order of the Family Court of Delaware County (Estes, *801J.), entered January 9, 1995, which dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 5, to vacate prior orders of filiation.

The issue before this Court is whether Family Court abused its discretion in denying petitioner’s application to vacate prior orders of filiation without a hearing. The record discloses that petitioner had been adjudged the fhther of respondent’s children in a paternity proceeding initiated by him in 1990. Both respondent and petitioner appeared in…