Civil Procedure · MBE-tested
In the Matter of Jennifer S., Respondent, v. Tony J., Appellant
143 A.D.3d 51838 N.Y.S.3d 798·New York Supreme Court, Appellate Division·2016·NY
Concur — Friedman, J.R, Richter, Feinman, Kapnick and Kahn, JJ.
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Opinion
In the Matter of Jennifer S., Respondent, v Tony J., Appellant.
[38 NYS3d 798]
[MAJORITY]
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.