MATTER OF EDWARD WW. v. DIANA XX.

508284.

79 A.D.3d 1181 (2010)

913 N.Y.S.2d 785

In the Matter of EDWARD WW., Appellant, v. DIANA XX., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 2, 2010.


SPAIN, J.

Petitioner had a sexual relationship with respondent (hereinafter the mother) during the time the subject child (born in September 1998) was likely conceived. Petitioner was incarcerated in early 1998, and asserts that he did not learn of the mother's pregnancy until "later in the year, that is, in 1998." The mother was never married to petitioner nor did she ever live with him. Petitioner, who is now again incarcerated, commenced this proceeding in June...

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