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Decided on June 14, 2007
Family Court, Bronx County

P16461/04

Appearances:
Judith R. Liebowitz, Esq., for Petitioner Fidel A.
Lisa M. Licata, Esq., for Respondent Sharon N.
Joan Ann Bourne, Esq., Guardian ad litem for Respondent Sharon N.
Thomas J. Caruso, Esq. for Respondent Wayne Na.
Tamara Steckler, Esq., (Legal Aid Society Juvenile Rights

Division) by Holly B. Graham, Esq., Law Guardian for the
child
Sidney Gribetz, J.
This case calls upon the Court to determine the competing claims of two men to the paternity of a child, Felicity N., whose mother is the subject of an Article 10 child neglect proceeding. Each man was led to believe by the mother that they were the father of the child; each was involved in the child's care at certain times during the first 21 months of her life, prior to the filing of the child neglect petition. One man, the petitioner Fidel A., has been determined by a DNA Blood Grouping Test to be the biological father of the child. The mother and the other man, respondent Wayne Na., had executed a formal Acknowledgment of Paternity [*2]pursuant to Public Health Law

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New York Law