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JEAN MABY H. v. JOSEPH H.

246 A.D.2d 282 (1998)

676 N.Y.S.2d 677

Jean Maby H., Respondent, v. Joseph H., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 17, 1998

Attorney(s) appearing for the Case

Samuelson, Rieger & Yovino, New York City (Kieth I. Rieger, Richard L. Hause, Michelle M. Mini and Wendy B. Samuelson of counsel), for appellant.

Alexander Potruch, P. C., Mineola, for respondent.

THOMPSON, J. P., GOLDSTEIN and LUCIANO, JJ., concur.

JOY, J.

The question raised on this appeal is whether a nonbiological parent may invoke the doctrine of equitable estoppel to preclude the biological parent from cutting off custody or visitation with the child. Under the particular circumstances of this case, the answer must be in the affirmative.

When the plaintiff, Jean Maby H., and the defendant, Joseph H., began dating in December 1987, the plaintiff...

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