Summary
In Matter of Felton R. v. Gloria P., 63 AD3d 515 (1st Dept. 2009), the Court did not find material mistake of fact where the petitioner admitted he knew he was not the father when he signed the acknowledgement of paternity.
Summary of this case from C.R. v. Y.P.Opinion
June 16, 2009.
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.
Before: Saxe, J.P., Sweeny, Moskowitz, Acosta and Richter, JJ.
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). Petitioner admitted that he signed the acknowledgment of paternity 12 years earlier with the knowledge that he was not the child's biological father.