Legal Opinion

Commissioner of Social Services Ex Rel. Michelle W. v. Dwayne W.

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 2017No. 2925PublishedCited by 1 opinion

1Opinion of the Court

Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about August 21, 2015, which adjudged and declared that respondent is the father of the subject child, unanimously affirmed, without costs.

Family Court properly determined that it is in the child’s best interest to equitably estop respondent from having a DNA test to establish paternity (see Family Ct Act § 532 [a]). Clear and convincing evidence demonstrates that respondent held himself out as the father of the child and that the now 10-year-old child considers respondent to be his father (Matter of Shondel J. v Mark…

2Cases cited2 opinions

  1. MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
  2. Matter of Kerry Ann P. v. Dane S.Appellate Division of the Supreme Court of the State of New York · 2014

3Cited by1 opinion

  1. Matter of Department of Social Servs. v. Donald A.C.Appellate Division of the Supreme Court of the State of New York · 2020

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