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MATTER OF ALEX H. v. ASPYN L.

1219 CAF 20-00694.

191 A.D.3d 1393 (2021)

137 N.Y.S.3d 792

2021 NY Slip Op 00766

In the Matter of Alex H., Respondent, v. Aspyn L., Appellant. Edward F. Murphy, III, Esq., Attorney for the Child, Appellant.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

COLE & VALKENBURGH, P.C., BATH ( MARK A. SCHLECHTER OF COUNSEL), FOR RESPONDENT-APPELLANT.

EDWARD F. MURPHY III, HAMMONDSPORT, ATTORNEY FOR THE CHILD, APPELLANT PRO SE.

MATTHEW J. BUZZETTI , ELMIRA, FOR PETITIONER-RESPONDENT.

Present—Whalen, P.J., Smith, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner father filed a paternity petition seeking a determination that he is the father of the subject child. Respondent mother filed an answer and asserted as an affirmative defense that the father is equitably estopped from asserting paternity. A hearing was held on whether the father's assertion of paternity was in the best interests of the child, at which...

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