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SEAN H. v. LEILA H.

5 Misc.3d 315 (2004)

783 N.Y.S.2d 785

SEAN H., Petitioner v. LEILA H., Respondent.

Supreme Court, Bronx County.

August 31, 2004.

Attorney(s) appearing for the Case

Salon Marrow Dykman & Newman LLP (Louis J. Maione of counsel), for Gary G. William J. Madonna, Bronx, for respondent.

Cohen & Funk, P.C., New York City (Karen M. Funk of counsel), for petitioner.

Children's Law Center, Bronx (Deborah Gould of counsel), Law Guardian.

OPINION OF THE COURT

DIANE KIESEL, J.

Introduction

This case involves a unique set of circumstances in which a husband held himself out to be the father to his wife's child even though they both knew he was not. For more than four years, petitioner Sean H. acted as father to respondent Leila H.'s child, T. After her birth, he signed an acknowledgment of paternity, gave her his name and both...

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