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MATTER OF EZEQUIEL L.-V. v. INEZ M.

6713.

161 A.D.3d 689 (2018)

74 N.Y.S.3d 490

2018 NY Slip Op 03895

In the Matter of Ezequiel L.-V., Appellant, v. Inez M., Respondent, et al., Respondent.

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

Decided May 31, 2018.

The Family Court should not have denied and dismissed the paternity petition without a hearing. The stated reason for the dismissal was the existence of a valid acknowledgment of paternity executed by respondents. The statute only permits the parties to such an acknowledgment to challenge it (Family Ct Act § 516-a [b] [iv]). However, the existence of a valid acknowledgment of paternity does not bar a claim of paternity by one who is not a party to it (Matter of Thomas...

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