Ronnyeh R. v. Gwendolyn M.

 

Matter of Matter of Ronnyeh R. v Gwendolyn M.

2012 NY Slip Op 06609

Decided on October 3, 2012

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

 

Decided on October 3, 2012

 

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

 

2011-11838

(Docket No. P-10007-11)

 

[*1]In the Matter of Ronnyeh R. (Anonymous), appellant,

v

Gwendolyn M. (Anonymous), respondent. George E. Reed, Jr., White Plains, N.Y., for appellant. Lydia S. Antoncic, New Rochelle, N.Y., for respondent. Steven Ranellone, White Plains, N.Y., attorney for the child.

 

 

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 5 to vacate an acknowledgment of paternity, the petitioner appeals from an order of the Family Court, Westchester County (Horowitz, J.), entered December 1, 2011, which, upon a decision of the same court dated October 12, 2011, dismissed the petition for failure to state a cause of action.

 

ORDERED that the order is affirmed, without costs or disbursements.

 

The Family Court properly dismissed the petition for failure to state a cause of action. Assuming the truth of the allegations in the petition, and according the petitioner the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88), the facts alleged do not fit into any of the grounds for vacatur of an acknowledgment of paternity more than 60 days after it was executed, i.e, fraud, duress, or material mistake of fact (see Family Ct Act 516-a[b][ii]).

 

The petitioner's remaining contentions are without merit.

ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

 

ENTER:

 

Aprilanne Agostino

 

Clerk of the Court

 

 

 

 

 

 

 

 

Return to Appeals list