Opinion
11-26-2014
In the Matter of Carolann BAKER, respondent, v. Christopher BAKER, appellant.
Alex Smith, Middletown, N.Y., for appellant. Marsha E. Koretzky, Goshen, N.Y., attorney for the child.
Alex Smith, Middletown, N.Y., for appellant.
Marsha E. Koretzky, Goshen, N.Y., attorney for the child.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, ROBERT J. MILLER, and JOSEPH J. MALTESE, JJ.
Opinion
Appeal from an order of the Family Court, Orange County (Debra J. Kiedaisch, J.), dated November 25, 2013. The order denied Christopher Baker's motion to vacate a prior order of filiation of that court and a prior order of support of that court, and granted Carolann Baker's cross motion for an award of an attorney's fee.
ORDERED that the order dated November 25, 2013, is affirmed, without costs or disbursements.
The appellant moved to vacate an order of filiation and a related order of support on the ground that his admission to paternity of the subject child was invalid. The Family Court properly denied the motion. Contrary to his contention, the appellant was properly advised of his statutory rights, and nothing in the record indicates that his admission to paternity of the subject child was anything other than knowing and voluntary (see Matter of Lorna D. v. Colin Anderson A., 21 A.D.3d 1030, 800 N.Y.S.2d 847 ; Matter of Maldonado v. Reyes, 2 A.D.3d 526, 767 N.Y.S.2d 909 ; Matter of Sidoti v. Velez, 278 A.D.2d 498, 718 N.Y.S.2d 90 ; Matter of McLeod v. Emanuel, 268 A.D.2d 434, 702 N.Y.S.2d 312 ).
The appellant's remaining contentions are without merit.