| Matter of Fidel A. v Sharon N. |
| 2010 NY Slip Op 01736 [71 AD3d 437] |
| March 4, 2010 |
| Appellate Division, First Department |
| In the Matter of Fidel A., Appellant, v Sharon N.,Respondent, and Wayne N., Respondent. |
—[*1] Steven N. Feinman, White Plains, for Wayne N., respondent. Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), LawGuardian.
Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 14, 2007,which granted the motion of respondent Wayne N. and dismissed the petition of Fidel A. for adeclaration of paternity of the subject child on equitable estoppel grounds, unanimouslyaffirmed, without costs.
Despite the results of DNA tests establishing that petitioner is the subject child's biologicalfather, the Family Court properly found, on the basis of equitable estoppel, that it was not in thebest interests of the child for petitioner to assert his paternity (see Matter of Shondel J. v Mark D., 7NY3d 320, 327 [2006]; Terrence M. v Gale C., 193 AD2d 437, 437 [1993], lvdenied 82 NY2d 661 [1993]). The evidence showed that it would be detrimental to thechild's interests to disrupt her close relationship with respondent Wayne N., whom she knows asher father and whose actions established a close parental relationship with her (see e.g. Matter of Enrique G. v LisbetE., 2 AD3d 288 [2003]).[*2]
We have considered petitioner's remaining contentionand find it unavailing. Concur—Andrias, J.P., Nardelli, Catterson, DeGrasse andManzanet-Daniels, JJ. [Prior Case History: 16 Misc 3d 1104(A), 2007 NY Slip Op51257(U).]