Legal Opinion
Matter of Darnel J.P. v. Lianna Y.D.
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2017No. 3870Published
1Opinion of the Court
Order, Family Court, New York County (Emily M. Olshansky, J.), entered on or about May 19, 2016, which, after a hearing, found that petitioner was equitably estopped from asserting paternity of the subject child and dismissed the paternity petition, unanimously affirmed, without costs.
The record supports the application of the doctrine of equitable estoppel to preclude petitioner from pursuing his paternity claim (see Matter of Shondel J. v Mark D., 7 NY3d 320, 326-327 [2006]). Petitioner waited almost four years after the child’s birth, after having seen the child approximately four times,…
2Cases cited6 opinions
- MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
- Ettore I. v. Angela D.Appellate Division of the Supreme Court of the State of New York · 1987
- JUANITA A. v. Kenneth Mark N.New York Court of Appeals · 2010
- Matter of Richard A.M. v. Alejandra H.Appellate Division of the Supreme Court of the State of New York · 2014
- Cecil R. v. Rachel A.Appellate Division of the Supreme Court of the State of New York · 2013
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