Legal Opinion
Leonardo Antonio V. v. Estate of Joanna B.
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 2 opinions
1Opinion of the Court
*1254The Family Court properly dismissed the petition based on equitable estoppel. The paramount concern in applying equitable estoppel in paternity cases is the best interests of the subject child (see Matter of Shondel J. v Mark D., 7 NY3d 320, 326 [2006]; Matter of Juan A. v Rosemarie N., 55 AD3d 827 [2008]; Matter of Antonio H. v Angelic W., 51 AD3d 1022 [2008]). Here, the petitioner commenced this proceeding after he had been arrested and charged with murdering the subject child’s mother. The petitioner was subsequently convicted, inter alia, of murder in the first degree and sentenced to…
2Cases cited7 opinions
- MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
- Griffin v. MarshallAppellate Division of the Supreme Court of the State of New York · 2002
- Antonio H. v. Angelic W.Appellate Division of the Supreme Court of the State of New York · 2008
- Maurice T. v. Mark P.Appellate Division of the Supreme Court of the State of New York · 2005
- Juan A. v. Rosemarie N.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- Seth P. v. Margaret D.Appellate Division of the Supreme Court of the State of New York · 2011
- Matter of Ronell W. v. Nancy G.Appellate Division of the Supreme Court of the State of New York · 2014