Matthew T. S. v. Angela W.

Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Oneida County Family Court for further proceedings on the petition. Memorandum: Family Court erred in dismissing the petition based upon the doctrine of equitable estoppel. Petitioner sought to be adjudicated the father of a child conceived in 1991 during an affair he had with respondent mother while she was married to respondent Jeffrey F. (husband). While respondent mother purposely misled her husband into believing he was the father, she also did not tell petitioner that he was the father until…