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IN THE MATTER OF MARK D. v. MARION M.

12 A.D.3d 1082 (2004)

785 N.Y.S.2d 204

In the Matter of MARK D., Appellant, v. MARION M., Respondent.

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

November 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this proceeding in September 2002 seeking an order vacating his previous "Acknowledgment of Paternity" and the order of filiation and support entered in 1994 based on alleged newly discovered evidence (see CPLR 5015 [a] [2]). Respondent cross-moved for an order "[s]ummarily dismissing and denying the relief...

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