IN THE MATTER OF ROBERT v. VITO


23 A.D.3d 659 (2005)

804 N.Y.S.2d 802

In the Matter of JOHN ROBERT P., Appellant, v. VITO C., Respondent.

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

November 28, 2005.


Ordered that the order is affirmed, with costs.

In early 2002 the child who is the subject of the instant petitions was conceived. When the child's mother was two months pregnant, she informed the petitioner that he was the father. The petitioner testified at the hearing that he told the child's mother that he would take care of the infant if it was his and asked that a paternity test be performed. He also testified that the mother became upset because he asked for...

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