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
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.,
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