Opinion
8215
01-29-2019
In re MAUDI A.B., Petitioner–Respondent, v. ANGELO P.N., Respondent–Appellant.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel) for appellant. Zachary W. Carter, Corporation Counsel, New York (Dona B. Morris of counsel), for respondent. Kenneth M. Tucillo, Hastings on Hudson, attorney for the children.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel) for appellant.
Zachary W. Carter, Corporation Counsel, New York (Dona B. Morris of counsel), for respondent.
Kenneth M. Tucillo, Hastings on Hudson, attorney for the children.
Friedman, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.
Order, Family Court, New York County (Emily M. Olshansky, J.), entered on or about March 3, 2017, which denied respondent Angelo P.N.'s motion to vacate Orders of Filiation by Default, same court and Judge, entered on or about September 13, 2016, unanimously affirmed, without costs.
Appellant's motion to vacate was properly denied given his failure to demonstrate a meritorious defense (see CPLR 5015[a] ).
The mother's affidavits of alleged paternity, sworn to on penalty of perjury, provided sufficient support for a finding of paternity by estoppel ( Matter of South Carolina Dept. of Social Servs. v. Starks, 206 A.D.2d 312, 615 N.Y.S.2d 4 [1st Dept. 1994] ). Appellant's conclusory and unsubstantiated assertions are not sufficient to rebut the mother's statements and to demonstrate a meritorious defense (see Matter of Derrick T., 261 A.D.2d 108, 687 N.Y.S.2d 260 [1st Dept. 1999] ; Matter of Jones, 128 A.D.2d 403, 512 N.Y.S.2d 689 [1st Dept. 1987] ). We have considered the parties' remaining arguments and find them unavailing.