Opinion
2011-12-13
In the Matter of Rachel FULMER, appellant, v. Michael BUXENBAUM, Jr., respondent.
Judith Ellen Stone, Merrick, N.Y., for appellant. Karen M. Caggiano, Shirley, N.Y., for respondent.
Judith Ellen Stone, Merrick, N.Y., for appellant. Karen M. Caggiano, Shirley, N.Y., for respondent.
In a proceeding pursuant to Family Court Act article 5, the mother appeals from an order of the Family Court, Suffolk County (Freundlich, J.), dated August 13, 2010, which denied her application to vacate an order of filiation of the same court (Fields, S.M.), dated January 3, 2008, adjudging the respondent to be the father of the subject child.
ORDERED that the order dated August 13, 2010, is affirmed, without costs or disbursements.
An order of filiation may be vacated on the grounds of “fraud, misrepresentation, or other misconduct of an adverse party” (CPLR 5015[a][3]; see Matter of Jose F.R. v. Reina C.A., 46 A.D.3d 564, 846 N.Y.S.2d 630). The Family Court properly denied the mother's application to vacate the order of filiation entered in the instant proceeding because she failed to make a prima facie showing of fraud, misrepresentation, or other misconduct ( see CPLR 5015[a][3]; Matter of Vernon J. v. Sandra M., 36 A.D.3d 912, 830 N.Y.S.2d 213).
The mother's remaining contentions are without merit.