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In the Matter of Bovenzi v. Bovenzi

Appellate Division of the Supreme Court of New York, Second Department
May 27, 2003
305 A.D.2d 671 (N.Y. App. Div. 2003)

Opinion

2002-06743

Submitted May 6, 2003.

May 27, 2003.

In a paternity proceeding pursuant to Family Court Act article 5, the putative father appeals from an order of the Family Court, Suffolk County (Freundlich, J.), entered June 12, 2002, which, inter alia, denied his motion to vacate an order of filiation of the same court (Buse, H. E.), entered January 13, 1992.

Curtis R. Exum, Hauppauge, N.Y., for appellant.

Robert J. Cimino, County Attorney, Central Islip, N.Y. (Bernard T. McSorley of counsel), for nonparty Suffolk County Department of Social Services.

Before: DAVID S. RITTER, J.P., NANCY E. SMITH, SONDRA MILLER, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellant failed to establish that the mother obtained the order of filiation by engaging in fraud, misrepresentation, or other misconduct (see CPLR 5015[a][3]). Accordingly, the Family Court properly denied his motion.

The appellant's remaining contentions are without merit.

RITTER, J.P., SMITH, S. MILLER and ADAMS, JJ., concur.


Summaries of

In the Matter of Bovenzi v. Bovenzi

Appellate Division of the Supreme Court of New York, Second Department
May 27, 2003
305 A.D.2d 671 (N.Y. App. Div. 2003)
Case details for

In the Matter of Bovenzi v. Bovenzi

Case Details

Full title:IN THE MATTER OF GABRIEL BOVENZI, appellant, v. ANITA BOVENZI, respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 2003

Citations

305 A.D.2d 671 (N.Y. App. Div. 2003)
759 N.Y.S.2d 886