IN RE: COMMISSIONER OF SOCIAL SERVICES OF the CITY OF NEW YORK

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Family Court, Kings County, New York.

IN RE: COMMISSIONER OF SOCIAL SERVICES OF the CITY OF NEW YORK, as Assignee of Sheron A., Petitioner, v. KEITH H., Respondent.

Decided: April 21, 1997

Laure Salerno, New York City, for respondent. Paul A. Crotty, Corporation Counsel of New York City (Arthur Meltzer of counsel), for petitioner.

A motion by respondent, Keith H., to vacate the order of filiation entered on March 3, 1992, is denied.

 Respondent's motion in this paternity proceeding (see Family Court Act Art. 5) to vacate the order of filiation made following respondent's admission of paternity on March 3, 1992, and resulting order of support is denied as follows.   Respondent does not satisfy the statutory prerequisites for vacating the order:  the blood tests conducted in July 1996 do not constitute “newly-discovered evidence”;  and the order he seeks to vacate was not entered as a result of petitioner's “fraud, misrepresentation, or other misconduct.”   See CPLR Rule 5015(a)(2), (3);  cf. Richard B. v. Sandra B.B., 209 A.D.2d 139, 625 N.Y.S.2d 127 (1st Dept.1995);  Matter of Kevin G., 227 A.D.2d 622, 643 N.Y.S.2d 590 (2nd Dept.1996).   In addition, respondent pays child support, lived with the child, visited the child after the parties separated and encouraged the development of a father-son relationship over the course of years.   Accordingly, respondent's motion also is barred on the basis of equitable estoppel.   See Richard B. v. Sandra B.B., supra;  Ettore I. v. Angela D., 127 A.D.2d 6, 513 N.Y.S.2d 733 (2nd Dept.1987).

PHILIP C. SEGAL, J.