Appellate Division of the Supreme Court of New York, 1994

Nassau County Department of Social Services ex rel. Gloria B. v. Bertram U.

Nassau County Department of Social Services ex rel. Gloria B. v. Bertram U.
Appellate Division of the Supreme Court of New York · Decided July 11, 1994
206 A.D.2d 431; 616 N.Y.S.2d 190
Nassau County Department of Social Services ex rel. Gloria B. v. Bertram U.

Opinion of the Court

In a paternity proceeding pursuant to Family Court Act article 5, Bertram U. appeals from an order of the Family Court, Nassau County (Feiden, J.), entered March 6, 1992, which dismissed his petition to vacate a prior order of filiation.

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

The appellant failed to establish the existence of any newly-discovered evidence (see, CPLR 5015 [a] [2]) or that the respondent had engaged in "fraud, misrepresentation, or other misconduct” (CPLR 5015 [a] [3]). Accordingly, his application to vacate the prior order of filiation was properly denied. Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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