Savel v. Shields, 58 A.D.3d 1083 (N.Y. App. Div. 2009). · Go Syfert
Savel v. Shields, 58 A.D.3d 1083 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Mario WW. v. Kristin XX.
N.Y. App. Div. · 2019 · confidence medium
Accordingly, given the presumption of legitimacy that applies and the evidence presented at the hearing, we discern no error in Family Court's determination that it was not in the child's best interests to grant petitioner's request for genetic testing ( see Family Ct Act § 532 [a]; Matter of Dustin G. v Melissa I. , 69 AD3d 1019, 1019-1020 [2010], lv denied 14 NY3d 708 [2010]; Matter of Savel v Shields , 58 AD3d 1083, 1084 [2009]; Hammack v Hammack , 291 AD2d at 719-720 ).
discussed Cited as authority (rule) Matter of Montgomery County Dept. of Social Servs. v. Jose Y.
N.Y. App. Div. · 2019 · confidence medium
Although Daniel X. testified on his own behalf and denied ever having sexual intercourse with the mother or having any contact with the child, Family Court found his testimony to be "palpably unbelievable." Given the mother's largely unconverted testimony regarding the financial support that Daniel X. provided, the emotional bond established between the child and Daniel X. and giving deference to Family Court's fact-finding and credibility determinations, under these circumstances, we find that Family Court appropriately concluded that it was in the child's best interests to equitably estop Da…
discussed Cited as authority (rule) Matter of John J. v. Kayla I.
N.Y. App. Div. · 2016 · confidence medium
Significantly, even if it could be said that the now 2V2-year-old child developed some measure of reliance on the husband’s representation of paternity (see Matter of Stephen W. v Christina X., 80 AD3d 1083, 1084-1086 [2011], lv denied 16 NY3d 712 [2011]; Matter of Savel v Shields, 58 AD3d 1083, 1084 [2009]), petitioner did not acquiesce in the development of that relationship, inasmuch as he promptly commenced this proceeding asserting his own paternity just six weeks after the child was born (compare Matter of Mark T. v Joyanna U., 70 AD3d 1068, 1069-1070 [2010], lv denied 15 NY3d 715 [201…
discussed Cited as authority (rule) Starla D. v. Jeremy E.
N.Y. App. Div. · 2012 · confidence medium
Rather, in the context of a paternity proceeding, “it is the child’s justifiable reliance on a representation of paternity that is considered” (Matter of Savel v Shields, 58 AD3d 1083, 1084 [2009]; accord Matter of Stephen W. v Christina X., 80 AD3d 1083, 1084 [2011], lv denied 16 NY3d 712 [2011] [2001]) and, therefore, “the doctrine of equitable estoppel will be applied only where its use furthers the best interests of the [subject] child” (Matter of Derrick H. v Martha J., 82 AD3d 1236, 1238 [2011] [internal quotation marks and citation omitted]; see Matter of Felix O. v Janette M.…
discussed Cited as authority (rule) Starla D. v. Jeremy E.
N.Y. App. Div. · 2012 · confidence medium
Rather, in the context of a paternity proceeding, “it is the child’s justifiable reliance on a representation of paternity that is considered” (Matter of Savel v Shields, 58 AD3d 1083, 1084 [2009]; accord Matter of Stephen W. v Christina X., 80 AD3d 1083, 1084 [2011], lv denied 16 NY3d 712 [2011] [2001]) and, therefore, “the doctrine of equitable estoppel will be applied only where its use furthers the best interests of the [subject] child” (Matter of Derrick H. v Martha J., 82 AD3d 1236, 1238 [2011] [internal quotation marks and citation omitted]; see Matter of Felix O. v Janette M.…
discussed Cited as authority (rule) Stephen W. v. Christina X.
N.Y. App. Div. · 2011 · confidence medium
“Notably, in proceedings involving paternity, it is the child’s justifiable reliance on a representation of paternity that is considered” (Matter of Savel v Shields, 58 AD3d 1083, 1084 [2009]; see Matter of Dustin G. v Melissa I., 69 AD3d 1019, 1020 [2010], lv denied 14 NY3d 708 [2010]).
discussed Cited as authority (rule) Jeannette GG. v. Lamont HH.
N.Y. App. Div. · 2010 · confidence medium
Instead, Family Court’s decision is based on an equitable estoppel and/or best interests analysis (see generally Matter of Dustin G. v Melissa I., 69 AD3d 1019, 1019-1020 [2010], lv denied 14 NY3d 708 [2010]; Matter of Savel v Shields, 58 AD3d 1083, 1084 [2009]).
Retrieving the full opinion text from the archive…
In the Matter of Peter G. Savel
v.
Ashley R. Shields
Appellate Division of the Supreme Court of the State of New York.
Jan 29, 2009.
58 A.D.3d 1083
Cardona.
Cited by 10 opinions  |  Published
Cardona, P.J.

Appeal from an order of the Family Court of Albany County (Duggan, J.), entered November 15, 2007, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 5, to, among other things, vacate a prior acknowledgment of paternity.

[*1084] The unmarried parties herein were cohabiting at the time that respondent became pregnant with a child who was born in June 2004. Petitioner’s name is listed on the birth certificate and, three days after the child’s birth, he signed an acknowledgment of paternity. According to petitioner, when the child was approximately eight to nine months old, respondent allegedly told him she had been in a sexual relationship with another man during the time the child was conceived. Although the parties separated in February 2005, petitioner concedes that, thereafter, he had regular contact with the child “about once every one to two weeks.” After respondent, who maintains that petitioner is the child’s father, brought a proceeding seeking child support, petitioner filed a June 2007 petition in Family Court seeking a genetic marker test and an order vacating the acknowledgment of paternity. Following the submission of sworn statements, Family Court issued an order dismissing the petition on the basis of the Law Guardian’s invocation of equitable estoppel on the child’s behalf.

Contrary to petitioner’s arguments on this appeal, the subject proceeding was properly dismissed. Notably, in proceedings involving paternity, it is the child’s justifiable reliance on a representation of paternity that is considered and, in determining whether equitable estoppel should be applied to a particular case, the court’s conclusion must be based on the child’s best interests (see Matter of Sarah S. v James T., 299 AD2d 785, 785 [2002]; Hammack v Hammack, 291 AD2d 718, 719-720 [2002]; see also Matter of Shondel J. v Mark D., 7 NY3d 320, 327 [2006]). Here, as aptly noted by Family Court, the undisputed proof is that the child, approximately three years old at the time petitioner commenced this proceeding, is bonded to petitioner, who is the only father the child has ever known. Additionally, although petitioner claims that he had reason to question paternity when the child was less than a year old, he, nevertheless, continued fostering a relationship with the child and did not seek to vacate the acknowledgment of paternity until respondent sought a child support order (see Hammack v Hammack, 291 AD2d at 720). Given all the circumstances, Family Court did not err in concluding that it was in the child’s best interests to preserve the established father-child relationship by applying the doctrine of equitable estoppel and denying petitioner’s request for genetic marker testing (see Family Ct Act § 516-a [b] [ii]).

The remaining arguments advanced by petitioner have been examined and found to be unpersuasive.

Mercure, Lahtinen, Malone Jr. and Stein, JJ., concur. Ordered that the order is affirmed, without costs.