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MATTER OF O. v. M.

No. 141 SSM 11.

19 N.Y.3d 828 (2012)

968 N.E.2d 994

945 N.Y.S.2d 639

2012 NY Slip Op 3361

In the Matter of O., Respondent, v. M., Appellant.

Court of Appeals of New York.

Decided May 1, 2012.

Attorney(s) appearing for the Case

Ronald R. Levine , Poughkeepsie, for appellant.

Law Office of Bruce A. Petito, Poughkeepsie ( Bruce A. Petito of counsel), for respondent.

Brooke & Brady, LLP, Poughkeepsie ( Kelly R. Brady of counsel), Attorney for the Child.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court for further proceedings in accordance with this memorandum.

Family Court erred by failing to hold a hearing on equitable estoppel after genetic testing was conducted (see Matter of Juanita A. v Kenneth Mark N., 15 N.Y.3d 1

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