Opinion
1409 CAF 17–01141
06-07-2019
In the Matter of RICHARD K.H., Petitioner–Respondent, v. EMILIE P., Respondent–Appellant, and Gerald F.M., Respondent–Respondent.
PETER J. DIGIORGIO, JR., UTICA, FOR RESPONDENT–APPELLANT. SCOTT A. OTIS, WATERTOWN, FOR RESPONDENT–RESPONDENT. KRYSTAL A. RUPERT, LOWVILLE, ATTORNEY FOR THE CHILD.
PETER J. DIGIORGIO, JR., UTICA, FOR RESPONDENT–APPELLANT.
SCOTT A. OTIS, WATERTOWN, FOR RESPONDENT–RESPONDENT.
KRYSTAL A. RUPERT, LOWVILLE, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order that dismissed the instant paternity petition, without a hearing, on the ground of equitable estoppel (see Family Ct. Act § 532[a] ). We affirm for reasons stated in the decision at Family Court. We write only to note that, contrary to the mother's contention, the court had " ‘sufficient information to render an informed decision consistent with the child's best interests’ " ( Matter of Edward WW. v. Diana XX., 79 A.D.3d 1181, 1182, 913 N.Y.S.2d 785 [3d Dept. 2010] ; cf. Matter of Eugene F.G. v. Darla D., 261 A.D.2d 958, 959, 689 N.Y.S.2d 848 [4th Dept. 1999] ). Inasmuch as the court was " ‘fully familiar with relevant background facts regarding the parties and the child from several past proceedings,’ " there was no need for a hearing on the petition ( Matter of Chrysler v. Fabian, 66 A.D.3d 1446, 1447, 885 N.Y.S.2d 861 [4th Dept. 2009], lv denied 13 N.Y.3d 715, 2010 WL 92454 [2010] ; see Matter of Walberg v. Rudden, 14 A.D.3d 572, 572, 787 N.Y.S.2d 666 [2d Dept. 2005] ).