Matter of Kerry S. v. Avelda B.

Order of filiation, Family Court, New York County (Monica Shulman, Referee), entered on or about March 6, 2013, declaring petitioner to be the biological father of the subject child, unanimously affirmed, without costs.

Respondent mother initially consented to having a DNA test performed to determine whether petitioner was the child’s biological father, and the test found there was a 99.99% prob ability that petitioner is the biological father of the child. She then raised an equitable estoppel defense based on the presence in the child’s life of another man who acted as a “father figure” for…