Felix O. v. Janette M.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In July 1999 the appellant Janette M. (hereinafter the mother) gave birth to the subject child while she was married to the appellant Herbert M. (hereinafter the husband). The child was the third of six children born during the marriage. In January 2004 the petitioner, alleging that he was the child’s father, commenced this proceeding pursuant to the Family Court Act article 5 to establish his paternity of the child. In response, the mother and the husband asserted the defenses of equitable estoppel and the presumption of legitimacy.
In August 2007, after granting the petitioner’s motion for a…
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