Appellate Division of the Supreme Court of the State of New York October 20, 2005 (In re Cassidy YY.)

Rose, J.

Appeal from an order of the Family Court of Broome County (Pines, J.), entered December 6, 2004, which dismissed petitioner’s application, in a proceeding pursuant to Domestic Relations Law article 7, to vacate an order of adoption.

Petitioner and the mother of Cassidy YY. (hereinafter the child) engaged in sexual intercourse over a period of several months in the fall of 1999.