Opinion
01-21-2015
JAMES P.A. (Anonymous), plaintiff-respondent, v. LISA A.A. (Anonymous), defendant-respondent; Rain V. (Anonymous), nonparty-appellant.
Christopher J. Robles, Brooklyn, N.Y., attorney for the child, nonparty-appellant Rain V. Stuart J. Moskovitz, New York, N.Y., for plaintiff-respondent. Law Office of Ursula A. Gangemi, P.C., Brooklyn, N.Y., for defendant-respondent (joining in the brief filed by the nonparty-appellant).
Christopher J. Robles, Brooklyn, N.Y., attorney for the child, nonparty-appellant Rain V.
Stuart J. Moskovitz, New York, N.Y., for plaintiff-respondent.
Law Office of Ursula A. Gangemi, P.C., Brooklyn, N.Y., for defendant-respondent (joining in the brief filed by the nonparty-appellant).
Opinion In a matrimonial action in which the parties were divorced by judgment dated November 13, 2009, and a paternity proceeding pursuant to Family Court Act article 5, which were consolidated, the parties' foster child appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (DiDomenico, J.), dated June 19, 2014, as denied the defendant's motion to direct the plaintiff to pay child support for the parties' foster child.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
As the Supreme Court correctly concluded, the defendant failed to prove that the plaintiff should be equitably estopped from denying paternity of the parties' foster child (see Matter of Shondel J. v. Mark D., 7 N.Y.3d 320, 326, 820 N.Y.S.2d 199, 853 N.E.2d 610 ). Accordingly, the court properly denied the defendant's motion to direct the plaintiff to pay child support for the foster child.
LEVENTHAL, J.P., HALL, AUSTIN and SGROI, JJ., concur.