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MATTER OF COMMISSIONER OF SOCIAL SERVS. v. JULIO J.

No. 57 SSM 44.

20 N.Y.3d 995 (2013)

985 N.E.2d 127

961 N.Y.S.2d 363

2013 NY Slip Op 115

In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of ELIZABETH S., Appellant, v. JULIO J., Respondent.

Court of Appeals of New York.

Decided January 10, 2013.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City (Deborah A. Brenner of counsel), for appellant.

George E. Reed, Jr. , for respondent.

Lawyers For Children, Inc., New York City ( Brenda S. Soloff of counsel), for Elizabeth S.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and PIGOTT concur; Judge SMITH dissents and votes to affirm, concluding that the findings of the Appellate Division more nearly comport with the weight of the evidence.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the order of Family Court reinstated, and the certified question answered in the negative.

Before a party can be estopped from denying paternity or from obtaining a DNA test that may establish that he is not the child's biological parent, the court must be convinced that applying equitable estoppel...

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