Majority
In a paternity proceeding pursuant to Family Court Act article 5, the putative father appeals from an order of the Family Court, Kings County (Se-gal, J.), dated March 3,1999, which denied his motion to vacate an order of filiation of the same court, entered June 24, 1992, upon his default in appearing.
Ordered that the order is affirmed, without costs or disbursements.
The appellant’s prior motion to vacate his default in appearing was denied by order dated March 29, 1996. His appeal from that order was dismissed by decision and order on motion of this Court dated December 17, 1996. We decline to review any issue which could have been raised on that prior appeal (see, Bray v Cox, 38 NY2d 350 ; Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750 ; TPZ Corp. v Tsoukas, 264 AD2d 837 ; Brosnan v Behette, 243 AD2d 524 ). Under the facts of this case, the results of the subsequent blood test cannot be considered newly-discovered evidence (see, Matter of Commissioner of Social Servs. of City of N. Y. v Keith H., 179 Misc 2d 514 , affd 253 AD2d 815 ).
Our determination should not be construed as binding with
Cases cited
- Bray v. Cox 38 NY2d 350 p. 388
- Rubeo v. National Grange Mutual Insurance 93 NY2d 750 p. 388
- TPZ Corp. v. Tsoukas 264 AD2d 837 p. 388
- Brosnan v. Behette 243 AD2d 524 p. 388
- Commissioner of Social Services v. Keith H. 179 Misc 2d 514 p. 388
- Commissioner of Social Services v. Keith H. 253 AD2d 815 p. 388