Legal Opinion

Matter of Samuel O.M. v. Patricia Mari Daniella B.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2016No. 2469Published

1Opinion of the Court

Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about December 11, 2015, which denied petitioner’s motion for genetic testing and dismissed the paternity petitions, unanimously affirmed, without costs.

The Family Court properly found that it was in the children’s best interests to equitably estop petitioner from claiming paternity (Family Ct Act § 532 [a]). Petitioner waited nearly four years after the birth of the older child before commencing this proceeding, and failed to communicate with the children or provide financial support (see Matter of Cecil R. v…

2Cases cited3 opinions

  1. David G. v. Maribel G.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Cecil R. v. Rachel A.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Elido B. v. Jennie C.Appellate Division of the Supreme Court of the State of New York · 2008

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