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In the Matter of J. v. Mark D

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2004
6 A.D.3d 437 (N.Y. App. Div. 2004)

Opinion

2002-08325, 2002-10139.

Decided April 5, 2004.

In a proceeding pursuant to Family Court Act article 5, inter alia, to establish paternity, Mark D. appeals (1), by permission, from an order of filiation of the Family Court, Kings County (Adams, J.), dated August 8, 2002, which, after a hearing, determined that he was equitably estopped from denying paternity of the subject child, and (2) an order of the same court (Mayeri, H.E.), dated September 27, 2002, which awarded temporary child support to Shondel J.

Ann L. Detiere, New York, N.Y., for appellant.

Helene Chowes, New York, N.Y., for respondent.

Carol Sherman, Brooklyn, N.Y. (Barbara H. Dildine of counsel), Law Guardian for the child.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the appeal from the order dated September 27, 2002, is dismissed as abandoned ( see 22 NYCRR 670.8[e]), without costs or disbursements; and it is further,

ORDERED that the order dated August 8, 2002, is affirmed, without costs or disbursements.

The Family Court properly determined that it was in the best interests of the subject child to equitably estop the appellant from denying paternity ( see generally Family Ct Act § 532[a]; Matter of Charles v. Charles, 296 A.D.2d 547; Matter of Kump v. Basnight, 297 A.D.2d 639; Matter of Sarah S. v. James T., 299 A.D.2d 785; Purificati v. Paricos, 154 A.D.2d 360).

The appellant's remaining contentions are without merit.

RITTER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.


Summaries of

In the Matter of J. v. Mark D

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2004
6 A.D.3d 437 (N.Y. App. Div. 2004)
Case details for

In the Matter of J. v. Mark D

Case Details

Full title:IN THE MATTER OF SHONDEL JACKSON (Anonymous), Respondent, v. MARK DeSOUZA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 2004

Citations

6 A.D.3d 437 (N.Y. App. Div. 2004)
774 N.Y.S.2d 366

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