It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted.
Memorandum:
Family Court erred in dismissing the petition seeking to vacate the acknowledgment of paternity executed by petitioner. Before the instant petition was filed, the parties agreed to DNA testing, which excluded petitioner as the father of the child. Respondent did not oppose the petition. Although...
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