MATTER OF AMBER N. v. ANDREW S.

Docket No. P-02680/19. Appeal No. 14764-14764A. Case No. 2020-01790.

200 A.D.3d 466 (2021)

155 N.Y.S.3d 77

2021 NY Slip Op 06810

In the Matter of Amber N., Respondent, v. Andrew S., Appellant.

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

Decided December 7, 2021.


Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for appellant.

Karen Freedman , Lawyers for Children, New York ( Shirim Nothenberg of counsel), attorney for the child.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.


Family Court properly determined that the best interests of the child require that respondent be equitably estopped from denying paternity of the child. Respondent is named as the child's father on the birth certificate and was married to the child's mother at the time of his birth, although the marriage was annulled 12 years later. Further, the record shows that respondent assumed the role of a parent to the child from the moment the child was born and allowed the child...

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