Commissioner of Social Services ex rel. Edith S. v. Victor C.

*418Respondent’s procedural objection challenging a portion of the paternity hearing as having been improperly held before a Support Magistrate who lacked authority to determine estoppel issues in a contested proceeding, is unavailing. The Support Magistrate properly referred the matter to a Family Court Judge pursuant to Family Ct Act § 439 (b) when the issue of equitable estoppel was raised. The transfer was consistent with the rule that the “Family Court should consider paternity by estoppel before it decides whether to test for biological paternity” (Matter of Shondel J. v Mark D., 7 NY3d…