Matter of Jennifer S. v. Tony J.

2016 NY Slip Op 6744, 143 A.D.3d 518, 38 N.Y.S.3d 798

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 13, 2016
• Docket: 1885
• Status: Published

Opinion

Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 12, 2015, which granted petitioner’s motion for an order of filiation naming respondent-appellant the subject child’s father, unanimously affirmed, without costs.

The court properly determined that equitable estoppel prevented appellant from challenging his paternity of the child with DNA testing since the record, including appellant’s own testimony, establishes that he had a long-standing bond with the child, whom he has supported financially and emotionally, and that such testing would not be in the child’s best interest (see Family Ct Act § 418 [a]; Matter of Shondel J. v Mark D., 7 NY3d 320 [2006]).

Concur — Friedman, J.R, Richter, Feinman, Kapnick and Kahn, JJ.