MATTER OF GINA L. v. DAVID W.


34 A.D.3d 810 (2006)

826 N.Y.S.2d 338

In the Matter of GINA L., Respondent, v. DAVID W., Appellant.

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

Decided November 28, 2006.


Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly denied the putative father's motion to vacate the order of filiation. The putative father claimed that the order should be vacated, as a paternity test revealed that he was not the biological father of the subject child. The doctrine of equitable estoppel may be applied to preclude a parent from challenging an order of filiation. It is the child's best interests which are...

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