Opinion
2013-04-11
In re LILLIAM A., Petitioner–Respondent, v. JUAN V., Respondent–Appellant.
Andrew J. Baer, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.
Andrew J. Baer, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.
Israel P. Inyama, New York, attorney for the children.
Order, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about February 15, 2012, which denied respondent-appellant's motion to vacate an order of filiation entered upon default, unanimously affirmed, without costs.
*920The court providently exercised its discretion in denying respondent's motion to vacate his default, as he failed to demonstrate that he has a meritorious defense. Initially, his affidavit fails to challenge the allegation that he was in a sexual relationship with the mother during the relevant periods of the children's conception ( see Matter of A.C.S. Child Support Litig. Unit v. David S., 32 A.D.3d 724, 724–725, 821 N.Y.S.2d 172 [1st Dept. 2006] ). Moreover, respondent does not dispute that the children were traveling from Rhode Island to New York in order to have yearly visits with him and his family, including the paternal grandparents, and that he purchased gifts for them on various occasions including three Christmases since their birth. Further, he fails to demonstrate that the children do not consider him to be their father as a result of his fostering a parent-child relationship with them ( see Matter of Alexis T. v. Vanessa C.-L., 101 A.D.3d 436, 955 N.Y.S.2d 325 [1st Dept. 2012];see Matter of Enrique G. v. Lisbet E., 2 A.D.3d 288, 288–289, 769 N.Y.S.2d 533 [1st Dept. 2003] ).