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MATTER OF MARK R. v. KIMBERLY V.

Docket No. P-26051/19. Appeal No. 15705. Case No. 2021-02458.

204 A.D.3d 481 (2022)

164 N.Y.S.3d 444

2022 NY Slip Op 02376

In the Matter of Mark R., Respondent, v. Kimberly V., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 12, 2022.

Attorney(s) appearing for the Case

Andrew J. Baer, New York, for appellant.

Steven P. Forbes, Huntington, attorney for the child.

Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Gesmer, Oing, JJ.

Respondent failed to establish by clear and convincing evidence that petitioner should be equitably estopped from asserting his paternity of the child through DNA testing (see Family Ct Act § 532 [a]). While respondent's current husband has assumed the role of the child's father and executed an acknowledgement of paternity, petitioner has "consistently and diligently asserted his paternity" (Matter of Michael S. v Sultana R., 163 A.D.3d...

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