Smythe v. Worley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to article 5-B of the Family Court *978Act, the attorney for the child appeals, by permission, from an order of the Family Court, Kangs County (O’Shea, J.), dated July 14, 2009, which, after a hearing on the issue of equitable estoppel and upon a decision dated June 23, 2009, finding that the mother failed to meet her prima facie burden of demonstrating that the putative father is equitably estopped from challenging paternity, granted the putative father’s application for the parties and the subject child to submit to genetic marker testing.
Ordered that the order dated…
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