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MATTER OF ESCOBAR v. PAGAN

2021-00398. 2022-01693. 2022-01694. Docket Nos. V-238-19, P-10345-19.

208 A.D.3d 580 (2022)

172 N.Y.S.3d 733

2022 NY Slip Op 04912

In the Matter of John P. Escobar, Appellant, v. Milagros Pagan, Respondent. (Proceeding No. 1.) In the Matter of Michael M., Respondent, v. Milagros P., Respondent, and John P.E., Appellant. (Proceeding No. 2.)

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Brian A. Picarello , Islandia, NY, for appellant.

Kristiana L. Gomes , Hauppauge, NY, for petitioner-respondent.

Michael E. Repole , Smithtown, NY, attorney for the child.

Dillon, J.P., Iannacci, Zayas and Genovesi, JJ., concur.

Ordered that the orders are affirmed, without costs or disbursements.

The subject child was born in September 2013, to Milagros P. (hereinafter the mother). On September 13, 2013, the mother and John P. Escobar signed an acknowledgment of paternity which stated that Escobar was the child's father.

The mother also was in an intimate relationship with Michael M. (hereinafter Michael), and in October 2013 she agreed to a private DNA test. The results of that...

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