Opinion
3418.
Decided April 20, 2004.
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.
Christopher T. Owen, New York, for appellant.
Veronica Mandel, Scarsdale, for respondent.
Before: Buckley, P.J., Nardelli, Andrias, Sullivan, Gonzalez, JJ.
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 Court Act § 516-a[b]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.