MATTER OF A.C.S. CHILD SUPPORT LITIGATION UNIT v. DAVID S.


32 A.D.3d 724 (2006)

821 N.Y.S.2d 172

In the Matter of A.C.S. CHILD SUPPORT LITIGATION UNIT, Respondent, v. DAVID S., Appellant.

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

September 14, 2006.


First of all, appellant failed to show excusable default. Notwithstanding his three-year prison sentence, the paternity proceeding, including the order to take a DNA test, was commenced more than five months before appellant was incarcerated. He already was aware of the proceeding, and his conclusory statements that he did not know he could seek assistance while incarcerated are not credible. It is also noteworthy that appellant waited almost three months after he was released...

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