Opinion
2012-05-1
In the Matter of O. (Anonymous), Respondent, v. M. (Anonymous), Appellant.
Ronald R. Levine, Poughkeepsie, for appellant. Law Office of Bruce A. Petito, Poughkeepsie (Bruce A. Petito of counsel), for respondent.
Ronald R. Levine, Poughkeepsie, for appellant. Law Office of Bruce A. Petito, Poughkeepsie (Bruce A. Petito of counsel), for respondent.
Brooke & Brady, LLP, Poughkeepsie (Kelly R. Brady of counsel), Attorney for the Child.
MEMORANDUM:
The order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court for further proceedings in accordance with this memorandum.
Family Court erred by failing to hold a hearing on equitable estoppel after genetic testing was conducted ( see Matter of Juanita A. v. Kenneth Mark N., 15 N.Y.3d 1, 904 N.Y.S.2d 293, 930 N.E.2d 214 [2010];Matter of Shondel J. v. Mark D., 7 N.Y.3d 320, 820 N.Y.S.2d 199, 853 N.E.2d 610 [2006] ). Additionally, we note that Family Court has subject matter jurisdiction to make a child support award against appellant notwithstanding a New Jersey order directing another individual to pay child support ( see Matter of Clarke v. Clarke, 68 A.D.3d 1203, 1204–1205, 889 N.Y.S.2d 766 [3d Dept.2009] ). Consequently, we remit the matter to Family Court for a hearing and determination addressing appellant's equitable estoppel claim ( see Juanita A., 15 N.Y.3d at 6, 904 N.Y.S.2d 293, 930 N.E.2d 214), and any further proceedings, if appropriate. Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, and matter remitted to Family Court, Dutchess County, for further proceedings in accordance with the memorandum herein.