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MATTER OF DEPARTMENT OF SOCIAL SERVS. v. DONALD A.C.

10902-6873/17.

179 A.D.3d 603 (2020)

117 N.Y.S.3d 229

2020 NY Slip Op 00547

In the Matter of Department of Social Services, Respondent, v. Donald A.C., Appellant.

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

Decided January 28, 2020.

Family Court properly determined that equitable estoppel prevented respondent from challenging his paternity of the subject child with DNA testing (see Family Ct Act § 532[a]). Clear and convincing evidence demonstrates that respondent, who does not deny that he is the biological father of the subject child's older and younger brothers, also held himself out as her father (see Matter of Shondel J. v Mark D.,...

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