MATTER OF SMYTHE v. WORLEY

2009-06775

72 A.D.3d 977 (2010)

899 N.Y.S.2d 365

In the Matter of DEVONA SMYTHE, Petitioner, v. AARON WORLEY, Respondent. KAREN P. SIMMONS, Attorney for the Child, Nonparty Appellant.

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

Decided April 20, 2010.


Ordered that the order dated July 14, 2009, is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a new hearing on equitable estoppel, and for a new determination of the putative father's application for the parties and the subject child to submit to genetic marker testing.

Devona Smythe (hereinafter the mother) commenced this proceeding at the behest of the State of Georgia pursuant to the Uniform...

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