IN RE: DALDI V. (2002)

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about July 31, 2001, which denied petitioner's paternity application and dismissed the petition, unanimously affirmed, without costs.

Family Court properly estopped petitioner from asserting his paternity in a proceeding that he delayed commencing until the child was three years old, although he recognized his claim of paternity from the beginning, where petitioner had not previously openly and notoriously acknowledged the child as his, petitioner's claim of having supported the child financially lacks convincing evidentiary support, and a parental and loving relationship has developed between the child and the mother's husband, who, like the child's mother and Law Guardian, opposes the application (see Matter of Ettore I. v. Angela D., 127 A.D.2d 6, 13-16, 513 N.Y.S.2d 733, citing, inter alia, Matter of Sharon GG. v. Duane HH., 95 A.D.2d 466, 468-469, 467 N.Y.S.2d 941, affd. for reasons stated 63 N.Y.2d 859, 482 N.Y.S.2d 270, 472 N.E.2d 46;  see also e.g. Matter of Kristen D. v. Stephen D., 280 A.D.2d 717, 719 N.Y.S.2d 771;  Matter of Richard W. v. Roberta Y., 240 A.D.2d 812, 658 N.Y.S.2d 506, lv. denied 90 N.Y.2d 809, 664 N.Y.S.2d 271, 686 N.E.2d 1366;  Matter of James “BB” v. Debora “AA,” 202 A.D.2d 852, 609 N.Y.S.2d 361).