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MATTER OF CROFT v. GORDON

297 A.D.2d 344 (2002)

746 N.Y.S.2d 397

In the Matter of MARKETTA CROFT, Respondent, v. LARIE GORDON, Appellant.

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

Decided August 19, 2002.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in denying the appellant's motion to vacate the order of filiation on the ground of newly-discovered evidence (see CPLR 5015 [a] [2]; Vandelli v Vandelli, 266 A.D.2d 280). The appellant failed to show that the alleged newly-discovered evidence could not have been discovered with due diligence before...

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