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IN THE MATTER OF ELIDO v. JENNIE

55 A.D.3d 1008 (2008)

In the Matter of ELIDO B., Appellant, v. JENNIE C., Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 16, 2008.

Mercure, J.P.

In August 2006, petitioner, who was incarcerated, commenced this proceeding seeking a declaration that he is the father of respondent's child (born in 2004) and to compel respondent and the child to submit to a genetic marker test. Upon a motion by the child's Law Guardian, Family Court dismissed the petition, concluding that the doctrine of equitable estoppel precludes genetic testing of the child. Petitioner...

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