Opinion
2018–01743 Docket No. P–4840–16
12-12-2018
In the Matter of MATTHEW D. (Anonymous), Appellant, v. LISA D. (Anonymous), Respondent.
Herbert P. Segarra, White Plains, NY, for appellant. Warren S. Hecht, Forest Hills, NY, for respondent. Kelley M. Enderley, Poughkeepsie, NY, attorney for the child.
Herbert P. Segarra, White Plains, NY, for appellant.
Warren S. Hecht, Forest Hills, NY, for respondent.
Kelley M. Enderley, Poughkeepsie, NY, attorney for the child.
JOHN M. LEVENTHAL, J.P., SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the amended order is affirmed, without costs or disbursements.
In October 2016, the father commenced this proceeding to vacate an acknowledgment of paternity he signed in April 2014. After a hearing at which the father testified, the Family Court dismissed the petition. The father appeals.
A party seeking to challenge an acknowledgment of paternity more than 60 days after its execution must prove that it was signed by reason of fraud, duress, or material mistake of fact (see Family Ct. Act § 516–a[b][iv] ; Matter of Dennis B. v. Edwanai B. , 155 A.D.3d 1027, 1027, 63 N.Y.S.3d 873 ; Matter of Sidney W. v. Chanta J. , 112 A.D.3d 950, 952, 978 N.Y.S.2d 274 ; Matter of Angelo A.R. v. Tenisha N.W. , 108 A.D.3d 560, 969 N.Y.S.2d 107 ). Under the circumstances of this case, the Family Court's determination that the father failed to prove that the acknowledgment of paternity was signed by reason of fraud, duress, or material mistake of fact is supported by the record (see Matter of Dennis B. v. Edwanai B. , 155 A.D.3d at 1027, 63 N.Y.S.3d 873 ; Matter of Joshua AA. v. Jessica BB. , 132 A.D.3d 1107, 1108, 19 N.Y.S.3d 116 ; Matter of Wimberly v. Diabo , 42 A.D.3d 599, 600–601, 839 N.Y.S.2d 822 ). Accordingly, we agree with the court's dismissal of the father's petition.
In light of our determination, we need not reach the mother's remaining contention.
LEVENTHAL, J.P., HINDS–RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.