A divided Brooklyn appellate panel has reinstated a man’s petition to vacate his acknowledgment of paternity of a 3-year-old girl, reversing a Family Court ruling that denied his request.
In its Dec. 26 decision, the Appellate Division, Second Department, split 3-2 over the burden of proof required to challenge an acknowledgment of paternity after the 60-day limit imposed by the Family Court Act for seeking paternity testing must merely “articulate some basis” for paternity or nonpaternity, while the dissent argued state law may require a higher level of proof.
