MATTER OF COMMISSIONER OF SOCIAL SERVICES v. DWAYNE W.

2925.

146 A.D.3d 718 (2017)

2017 NY Slip Op 00595

47 N.Y.S.3d 5

In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of MICHELLE W., Respondent, v. DWAYNE W., Appellant.

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

Decided January 31, 2017.


Family Court properly determined that it is in the child's best interest to equitably estop respondent from having a DNA test to establish paternity (see Family Ct Act § 532 [a]). Clear and convincing evidence demonstrates that respondent held himself out as the father of the child and that the now 10-year-old child considers respondent to be his father (Matter of Shondel J. v Mark D., 7 N.Y.3d 320, 326-327 [2006];

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