Legal Opinion
Commissioner of Social Services ex rel. Elizabeth S. v. Julio J.
New York Court of Appeals
Decided January 10, 2013PublishedCited by 8 opinions
1Opinion of the Court
*997OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, the order of Family Court reinstated, and the certified question answered in the negative.
Before a party can be estopped from denying paternity or from obtaining a DNA test that may establish that he is not the child’s biological parent, the court must be convinced that applying equitable estoppel is in the child’s best interest (Matter of Shondel J. v Mark D., 7 NY3d 320 [2006]). The party seeking to prove paternity, whether by estoppel or otherwise, must do so by clear and convincing…
2Cases cited2 opinions
- MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
- In re Jamie M.New York Court of Appeals · 1984
3Cited by8 opinions
- Suffolk County Department of Social Services Ex Rel. Christopher C. v. James D.Appellate Division of the Supreme Court of the State of New York · 2017
- Shawn H. v. Kimberly F.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Guy M. J. v. Abiola N. S.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Michael S. v. Sultana R.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Montgomery County Dept. of Social Servs. v. Jose Y.Appellate Division of the Supreme Court of the State of New York · 2019
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