Dustin G. v. Melissa I.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Eetitioner commenced this paternity proceeding to establish that he is the biological father of a child born in November 2001 to respondent (hereafter the mother). Charles H. moved to dismiss the petition based upon equitable estoppel, citing his own lifelong relationship with the child and petitioner’s refusal to have any relationship with the child even though petitioner had known since the child’s birth that he might be her father. Following a hearing at which only the mother testified, Family Court concluded that equitable estoppel could not be applied because the mother had not…
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