James P. A. v. Lisa A. A.

Appellate Division of the Supreme Court of New York

James P. A. v. Lisa A. A.

124 A.D.3d 704, 998 N.Y.S.2d 655

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 2015

Docket2014-06207

StatusPublished

This text of 124 A.D.3d 704 (James P. A. v. Lisa A. A.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James P. A. v. Lisa A. A., 124 A.D.3d 704, 998 N.Y.S.2d 655 (N.Y. Ct. App. 2015).

Pincite

Opinion

*705 In a matrimonial action in which the parties were divorced by judgment dated November 13, 2009, and a paternity proceeding pursuant to Family Court Act article 5, which were consolidated, the parties’ foster child appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (DiDomenico, J.), dated June 19, 2014, as denied the defendant’s motion to direct the plaintiff to pay child support for the parties’ foster child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

As the Supreme Court correctly concluded, the defendant failed to prove that the plaintiff should be equitably estopped from denying paternity of the parties’ foster child (see Matter of Shondel J. v Mark D., 7 NY3d 320, 326 [2006]). Accordingly, the court properly denied the defendant’s motion to direct the plaintiff to pay child support for the foster child.

Leventhal, J.P., Hall, Austin and Sgroi, JJ., concur.

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*705 In a matrimonial action in which the parties were divorced by judgment dated November 13, 2009, and a paternity proceeding pursuant to Family Court Act article 5, which were consolidated, the parties’ foster child appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (DiDomenico, J.), dated June 19, 2014, as denied the defendant’s motion to direct the plaintiff to pay child support for the parties’ foster child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

As the Supreme Court correctly concluded, the defendant failed to prove that the plaintiff should be equitably estopped from denying paternity of the parties’ foster child (see Matter of Shondel J. v Mark D., 7 NY3d 320, 326 [2006]). Accordingly, the court properly denied the defendant’s motion to direct the plaintiff to pay child support for the foster child.

Leventhal, J.P., Hall, Austin and Sgroi, JJ., concur.

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Bluebook (online)

124 A.D.3d 704, 998 N.Y.S.2d 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-p-a-v-lisa-a-a-nyappdiv-2015.

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