Matter of Jennifer S. v Tony J.
2016 NY Slip Op 06744 [143 AD3d 518]
October 13, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2016


[*1]
 In the Matter of Jennifer S., Respondent,
v
Tony J., Appellant.

Kenneth M. Tuccillo, Hastings on Hudson, for appellant.

Larry S. Bachner, Jamaica, for respondent.

Karen P. Simmons, The Children's Law Center, Brooklyn (Rohan Grey of counsel), attorney for the child.

Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 12, 2015, which granted petitioner's motion for an order of filiation naming respondent-appellant the subject child's father, unanimously affirmed, without costs.

The court properly determined that equitable estoppel prevented appellant from challenging his paternity of the child with DNA testing since the record, including appellant's own testimony, establishes that he had a long-standing bond with the child, whom he has supported financially and emotionally, and that such testing would not be in the child's best interest (see Family Ct Act § 418 [a]; Matter of Shondel J. v Mark D., 7 NY3d 320 [2006]). Concur—Friedman, J.P., Richter, Feinman, Kapnick and Kahn, JJ.