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MATTER OF L.M. v. J.S.

6 Misc.3d 151 (2004)

787 N.Y.S.2d 833

In the Matter of L.M., Petitioner, v. J.S., Respondent.

Family Court, Kings County.

October 28, 2004.

Attorney(s) appearing for the Case

Joseph J. Mainiero, New York City, for respondent.

Richard Colodny, Brooklyn, for petitioner.

OPINION OF THE COURT

DEBRA SILBER, J.

The presumption of legitimacy does not attach to a husband who, absent equitable estoppel, has clearly rebutted any such presumption by living separate and apart from the mother and having obtained a legal separation or divorce prior to the child's birth. In this, the 21st century, with genetic marker tests available, there is no sound basis to hold otherwise.

Petitioner mother filed a paternity petition...

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