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MATTER OF CORPORATION COUNSEL-N.Y. CITY v. TYRONE M.

Docket No. U-12382/18. Appeal No. 13025. Case No. 2019-04759.

191 A.D.3d 427 (2021)

137 N.Y.S.3d 707

2021 NY Slip Op 00623

In the Matter of Corporation Counsel-New York City, et al., Respondents, v. Tyrone M., Appellant.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Anne Reiniger , New York, for appellant.

James E. Johnson , Corporation Counsel, New York ( Julie Steiner , of counsel), for respondent.

Law Offices of Randall S. Carmel, Jericho ( Randall S. Carmel , of counsel), attorney for the children.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

The Family Court providently exercised its discretion in determining that equitable estoppel prevented respondent from challenging his paternity of the children with DNA testing (see Family Ct Act § 532[a]). Clear and convincing evidence demonstrated that the 18-year-old children viewed respondent as their father for the entirety of their lives and respondent held himself out as such, particularly when the children were young (see Matter of Shondel J. v Mark...

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