Fill and Sign the Affidavit in Support of Motion to Vacate for Lack of Form

F.C.A. §451, 548 Form 5-17b (Paternity-- Affidavit in Support of Motion to Vacate Judgment for Lack of Service) (8/2010) FA M ILY C O U RT O F TH E STA TE O F N EW Y O R K C O U N TY O F ................................................... ........................................ In the M atter of a Proceeding under A rticle 5 of th e D O CK ET N O . Fam ily C ourt A ct, A FFID A V IT IN SU PPO R T O F Petitioner M O TIO N TO V A C A TE FO R LA CK O F SER V IC E -against- R espondent ................................................... ......................................... STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) I, [specify name]: , [check if applicable]: G an attorney duly admitted to practice law in the State of New York, G swear G affirm the following to be true under the penalties of perjury: 1. I am: , the Respondent in the above-entitled action. I make this affidavit in support of the motion for an Order vacating the [check applicable box(es)]: G Order of Filiation G Order of Child Support , entered by this Court on [specify date(s)]: , for the support of the following child(ren)[specify]: A copy of the G Order of Filiation G Order of Child Support is attached. 2. I did not appear in Court on the date the Order was issued because I had not been served with a summons or petition and I had no notice of the proceedings. 3. I did not make this motion earlier because [specify reasons, if any]: 4. If I had appeared in court I would have presented the following valid defense to the paternity petition [briefly summarize defense]: 5. No previous application has been made to any court or judge for the relief herein requested (except [specify]: WHEREFORE, I respectfully request that the G Order of Filiation G Order of Child Support entered by this Court on [specify date]: be vacated and that this Court grant such other and further relief as it may deem proper. Form 5-17b Page 2 Dated , . ______________________________________Signature of Applicant ______________________________________ Print or Type Name Sworn to before me this day of , (Deputy) Clerk of the Court Notary Public _____________________________________ Signature of Attorney, if any ______________________________________ Attorney’s Name (print or type)____________________________________________________________________________ Attorney’s Address and Telephone Number