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JUANITA A. v. KENNETH MARK N.

No. 75.

15 N.Y.3d 1 (2010)

930 N.E.2d 214

904 N.Y.S.2d 293

In the Matter of JUANITA A., Respondent, v. KENNETH MARK N., Appellant.

Court of Appeals of New York.

Decided May 4, 2010.

Attorney(s) appearing for the Case

Davison Law Office PLLC, Canandaigua ( Mary P. Davison of counsel), for appellant.

Susan Gray Jones , Canandaigua, Law Guardian.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

The issue before this Court is whether a biological father may assert an equitable estoppel defense in paternity and child support proceedings. Under the circumstances of this case, where another father figure is present in the child's life, we hold that he may assert such a claim.

On June 25, 1994, the child, A., was born. At the time, mother was unmarried, but living with...

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