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IN THE MATTER OF COMMISSIONER OF SOCIAL SERVICES v. DIMARCUS C.

Nos. 7367, 7367A.

94 A.D.3d 538 (2012)

942 N.Y.S.2d 339

2012 NY Slip Op 2778

In the Matter of COMMISSIONER OF SOCIAL SERVICES, Respondent, v. DIMARCUS C., Appellant.

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

Decided April 12, 2012.

The court properly determined that it was in the best interests of the child to estop respondent from denying that he is the child's father (see Matter of Shondel J. v Mark D., 7 N.Y.3d 320, 326 [2006]). The testimony established that respondent has held himself out to be the father to his friends, family and coworkers, permits the child to call him "daddy," brought the child to the funeral of his grandmother, watched the child at...

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