Opinion
2012-03-20
In re DAVID G., Petitioner–Appellant, v. MARIBEL G., Respondent–Respondent.
Steven N. Feinman, White Plains, for appellant. Elisa Barnes, New York, for respondent.
Steven N. Feinman, White Plains, for appellant. Elisa Barnes, New York, for respondent. Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the child.ANDRIAS, J.P., SWEENY, MOSKOWITZ, FREEDMAN, MANZANET–DANIELS, JJ.
Order, Family Court, New York County (Gloria Sosa–Lintner, J.), entered on or about July 22, 2010, which dismissed petitioner's paternity petition with prejudice, unanimously affirmed, without costs.
The court properly found that it was in the child's best interests to equitably estop petitioner from claiming paternity (Family Court Act § 532[a] ). The record shows that petitioner had waited eight years before commencing the proceeding, and failed to communicate with the child or provide financial support. In addition, another man was listed on the child's birth certificate and the child believed that the man was her father ( see Matter of Shondel J. v. Mark D., 7 N.Y.3d 320, 327, 820 N.Y.S.2d 199, 853 N.E.2d 610 [2006]; Matter of Willie W. v. Magdalena D., 78 A.D.3d 958, 959, 911 N.Y.S.2d 433 [2010] ). Petitioner failed to demonstrate that it would nevertheless be in the child's best interests to order a DNA test ( Matter of Jason E. v. Tania G., 69 A.D.3d 518, 519, 893 N.Y.S.2d 542 [2010] ). A hearing was not required, as the court had sufficient information to make a determination regarding the child's best interests ( see Matter of Glenn T. v. Donna U., 226 A.D.2d 803, 640 N.Y.S.2d 297 [1996]; cf. Matter of Tyrone G. v. Fifi N., 189 A.D.2d 8, 15, 594 N.Y.S.2d 224 [1993] ). Nor was a formal written motion to dismiss the petition required, as the court may dismiss the petition on its own motion or the motion of any party ( see Family Court Act § 532[a] ).