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MTR. OF SHONDEL J. v. MARK D.

7 N.Y.3d 320 (2006)

853 N.E.2d 610

820 N.Y.S.2d 199

In the Matter of SHONDEL J., Respondent, v. MARK D., Appellant.

Court of Appeals of New York.

Decided July 6, 2006.

Attorney(s) appearing for the Case

Ann L. Detiere, New York City, for appellant.

Steven P. Forbes, Jamaica, for respondent.

Children's Law Center, Brooklyn (Barbara H. Dildine, Carol Sherman and Janet Neustaetter of counsel), Law Guardian.

Louis Kiefer, Hartford, Connecticut, for US Citizens against Paternity Fraud and another, amici curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and READ concur with Judge ROSENBLATT; Judge G.B. SMITH dissents in a separate opinion in which Judge R.S. SMITH concurs.

OPINION OF THE COURT

ROSENBLATT, J.

In this child support proceeding, we hold that a man who has mistakenly represented himself as a child's father may be estopped from denying paternity, and made to pay child support, when the child justifiably relied on the man's representation of paternity, to the child's detriment. We reach this conclusion based on the best interests of the child as set forth by the Legislature...

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