Commissioner of Social Services Ex Rel. Maria G. v. Rafael V.

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about September 15, 2014, which, after an estoppel hearing, dismissed the paternity petition commenced by petitioner Commissioner of Social Services as assignee of the subject child’s mother, unanimously affirmed, without costs.

The Family Court exercised its discretion in a provident manner in finding that it was in the child’s best interests to dismiss the paternity petition on equitable estoppel grounds. The record shows that, although the then 16-year-old child was told by her mother that respondent was her…