MATTER OF MICHAEL A.S. v. KIAMESHA A.

10125B, 10125A, 10125.

176 A.D.3d 534 (2019)

112 N.Y.S.3d 703

2019 NY Slip Op 07507

In the Matter of Michael A.S., Petitioner, v. Kiamesha A., Respondent. The Children's Law Center, on Behalf of Michael S., Nonparty Appellant. In the Matter of Kiamesha A., Respondent, v. Michael A.S., Respondent. The Children's Law Center, on Behalf of Michael S., Nonparty Appellant.

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

Decided October 17, 2019.


Attorney(s) appearing for the Case

Karen P. Simmons , The Children's Law Center, Brooklyn ( Janet Neustaetter of counsel), for appellant.

Law Office of Bruce A. Young, New York ( Bruce A. Young of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.


Petitioner Michael A.S. did not file a timely objection to the Support Magistrate's order entered on or about October 5, 2016, dismissing his petition to vacate the acknowledgment of paternity. As such, he failed to exhaust the Family Court procedure for review of the objections, he waived his right to appellate review, and the Family Court lacked jurisdiction to consider the merits of the issue (see Matter of Cynthia B.C. v Peter J.C., 161 A.D.3d...

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