Opinion
2012-10-3
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.
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.
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 N.Y.2d 83, 87–88, 614 N.Y.S.2d 972, 638 N.E.2d 511), 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 ( seeFamily Ct. Act § 516–a[b][ii] ).
The petitioner's remaining contentions are without merit.