Opinion
2002-01871
Argued June 17, 2002.
September 10, 2002.
In a paternity proceeding pursuant to Family Court Act article 5, Ervin Basnight appeals, by permission, from an order of the Family Court, Queens County (Clark, J.), entered January 30, 2002, which denied his motion to dismiss the petition, or to conduct a hearing on the issue of equitable estoppel.
Coffinas Lusthaus, P.C., Brooklyn, N.Y. (Meredith A. Lusthaus of counsel), for appellant.
Edward Friedman, Brooklyn, N.Y., for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs; and it is further,
ORDERED that the stay of all proceedings granted by decision and order of this court dated March 22, 2002, is vacated forthwith.
In his motion to dismiss the mother's paternity petition, the appellant sought to apply the doctrine of equitable estoppel to support his claim that it would be inequitable to him and contrary to the best interests of the child to allow the mother to assert a claim of paternity 12 years after the child was born. The appellant's motion to dismiss the petition was properly denied. "The paramount concern in applying equitable estoppel [in paternity cases] has been, and continues to be, the best interest of the child" (Jean Maby H. v. Joseph H., 246 A.D.2d 282, 285; see Matter of Ettore I. v. Angela D., 127 A.D.2d 6). The appellant failed to demonstrate how a legal declaration of paternity will cause the child to suffer irreparable loss of status, destruction of his family image, or other harm to his physical or emotional well-being (see Matter of Carol S. v. Gerald D., 276 A.D.2d 377).
The appellant's remaining contentions are either without merit or need not be reached in light of this determination.
FLORIO, J.P., S. MILLER, TOWNES and COZIER, JJ., concur.