Legal Opinion

Felton R. v. Gloria P.

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2009PublishedCited by 2 opinions

1Opinion of the Court

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about March 14, 2008, which dismissed the petition seeking to vacate an acknowledgment of paternity, unanimously affirmed, without costs.

This proceeding was brought well beyond the statutory deadline for rescinding an acknowledgment of paternity, and petitioner failed to make a prima facie showing of fraud, duress or material mistake of fact (see Family Ct Act § 516-a [b]; Ng v Calderon, 6 AD3d 255 [2004]). Petitioner admitted that he signed the acknowledgment of paternity 12 years earlier with the knowledge that he…

2Cases cited1 opinion

  1. Ng v. CalderonAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by2 opinions

  1. Derrick H. v. Martha J.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Joshua AA. v. Jessica BB.Appellate Division of the Supreme Court of the State of New York · 2015

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