Sidney W. v. Chanta J.

Hall, J.,

dissents, and votes to affirm the order appealed from, with the following memorandum, in which Angiolillo, J.R, concurs: I respectfully dissent, and vote to affirm the order appealed from.

Family Court Act § 516-a (b) (ii) provides, in relevant part, that “[a]fter the expiration of sixty days of the execution of the acknowledgment, either signator may challenge the acknowledgment of paternity [hereinafter AOP] in court by alleging and proving fraud, duress, or material mistake of fact.” The statute further provides that “[i]f the petitioner proves to the court that the [AOP] was…