Opinion
12-15-2016
In re SAMUEL O.M., Petitioner–Appellant, v. Patricia Mari DANIELLA B., Respondent–Respondent.
George E. Reed, Jr., White Plains, for appellant. Magovern & Sclafani, Mineola (Frederick J. Magovern of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
George E. Reed, Jr., White Plains, for appellant.
Magovern & Sclafani, Mineola (Frederick J. Magovern of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
ACOSTA, J.P., ANDRIAS, MOSKOWITZ, GISCHE, WEBBER, JJ.
Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about December 11, 2015, which denied petitioner's motion for genetic testing and dismissed the paternity petitions, unanimously affirmed, without costs.The Family Court properly found that it was in the children's best interests to equitably estop petitioner from claiming paternity (Family Court Act § 532[a] ). Petitioner waited nearly four years after the birth of the older child before commencing this proceeding, and failed to communicate with the children or provide financial support (see Matter of Cecil R. v. Rachel A., 102 A.D.3d 545, 958 N.Y.S.2d 371 [1st Dept.2013] ; Matter of David G. v. Maribel G., 93 A.D.3d 526, 940 N.Y.S.2d 590 [1st Dept.2012] ). Petitioner also indicated that he did not wish to assume a parental role in the children's lives, and declined to interfere with their adoptions. Meanwhile, the children have formed attachments with their adoptive parents, with whom they have lived for most of their lives. Given the need to "prevent unwanted intrusion by the child's former biological relatives to promote the stability of the new adoptive family" (Matter of Elido B. v. Jennie C., 55 A.D.3d 1008, 1009, 871 N.Y.S.2d 386 [3d Dept.2008] [internal quotation marks omitted] ), dismissal of the petitions was appropriate.