Smith v. Wamsley

—Mikoll, J. P.

Appeal from an order of the Family Court of Delaware County (Estes, J.), entered December 10, 1998, which, in a proceeding pursuant to Family Court Act article 5, denied respondent’s motion to vacate an order of filiation.

Petitioner commenced a proceeding in February 1997 seeking a declaration of paternity and order of child support for her infant son, Dakotah. Respondent appeared before the Hearing Examiner without an attorney and, after waiving his right to counsel, blood tests and a hearing, admitted paternity. The Hearing Examiner accepted respondent’s admission and entered…