MATTER OF WIMBERLY v. DIABO


42 A.D.3d 599 (2007)

839 N.Y.S.2d 822

In the Matter of RANDALL WIMBERLY, Appellant, v. JENNIFER DIABO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2007.


Kane, J.

In 1992, near the beginning of petitioner's and respondent's on-again, off-again relationship, respondent gave birth to a daughter. Respondent gave birth to the parties' son in 1994. In June 1995, after their son was diagnosed with cancer and began receiving related medical treatment, the parties executed an acknowledgment of paternity regarding respondent's daughter. Both parties now admit that petitioner is not the girl's biological father, and both were...

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