Appellate Division of the Supreme Court of New York, 2011

Fulmer v. Buxenbaum

Appellate Division of the Supreme Court of New York · Decided December 13, 2011

90 A.D.3d 755; 936 N.Y.2d 550

Cases that cite this one

3 later published cases cite this decision.

Matter of Jonathan C. v. Iaishia Q. T. (Appellate Division of the Supreme Court of New York 2015)
Crowell v. Lindor (Appellate Division of the Supreme Court of New York 2013)
Crowell v. Lindor (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

An order of filiation may be vacated on the grounds of “fraud, *756misrepresentation, or other misconduct of an adverse party” (CPLR 5015 [a] [3]; see Matter of Jose F.R. v Reina C.A., 46 AD3d 564 [2007]). The Family Court properly denied the mother’s application to vacate the order of filiation entered in the instant proceeding because she failed to make a prima facie showing of fraud, misrepresentation, or other misconduct (see CPLR 5015 [a] [3]; Matter of Vernon J. v Sandra M., 36 AD3d 912 [2007]).

The mother’s remaining contentions are without merit. Rivera, J.P, Leventhal, Belen and Roman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.