Stephen Ng v Rosa Calderon

Ng v Calderon 2004 NY Slip Op 02858 [6 AD3d 255] April 20, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2004

Stephen Ng, Appellant,
v
Rosa Calderon, Respondent.

—[*1]

Order, Family Court, Bronx County (Tandra L. Dawson, J.), entered on or about September 10, 2003, which granted respondent's motion to dismiss the petition seeking to vacate an acknowledgment of paternity, unanimously affirmed, without costs.

The petition was brought more than 60 days after the acknowledgment was signed, and petitioner has failed to make a prima facie showing of fraud, duress or material mistake of fact (see Family Ct Act § 516-a [b]). Concur—Buckley, P.J., Nardelli, Andrias, Sullivan and Gonzalez, JJ.