Court of Appeals of New York

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In the Matter of Commissioner of Social Services, on Behalf of Elizabeth S. v. Julio J., 57 SSM 44

In family law action, Family Court's decision that possible father should be equitably estopped from asserting non-paternity, is reinstated and the Appellate Division reversed where the evidence supports the Family Court's findings that: 1) the child knows possible father, with his encouragement, as her father; 2) a relationship existed insofar as the child was concerned; and 3) the child relied on possible father to be her father sufficiently such that it would be to her detriment for the court to direct DNA testing.

Appellate Information

  • Decided 01/10/2013
  • Published 01/10/2013

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  • Court of Appeals of New York

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