Mobley v. Ishmael, 285 A.D.2d 648 (N.Y. App. Div. 2001). · Go Syfert
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Mobley v. Ishmael, 285 A.D.2d 648 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 3 distinct courts.
Strongest positive: Willie W. v. Magdalena D. (nyappdiv, 2010-11-16)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Willie W. v. Magdalena D.
N.Y. App. Div. · 2010 · confidence medium
Consequently, as the Family Court was presented with sufficient information to make a determination as to the subject child’s best interests, the Family Court properly granted the mother’s motion to dismiss the petition on the ground of equitable estoppel without conducting a hearing (see Matter of Maurice T. v Mark P., 23 AD3d at 567; Matter of Griffin v Marshall, 294 AD2d 438, 438 [2002]; Matter of Mobley v Ishmael, 285 AD2d 648, 648 [2001]).
discussed Cited "see" Edward WW. v. Diana XX. (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2010 · signal: see · confidence high
While a hearing is often necessary to determine a child’s best interests, under these circumstances, where petitioner failed to tender any evidence that it would be of any benefit to the child if his petition for a paternity test were granted at this late juncture, Family Court properly dismissed the petition without a hearing “as it possessed sufficient information to render an informed decision consistent with the child’s best interests” (Matter of Razo v Leyva, 3 AD3d at 571 ; see Matter of Mobley v Ishmael, 285 AD2d at 648-649 ).
cited Cited "see" Matter of K.J.P. v. V.B.
N.Y. Fam. Ct., Nassau Cty. · 2007 · signal: see · confidence high
See Mobley v Ishmael, 285 AD2d 648 (2nd Dept. 2001); Glenn T. v Donna U. , 226 AD2d 803 (3rd Dept. 1996).
cited Cited "see" Matter of Department of Social Servs. v. D.V.
N.Y. Fam. Ct., Nassau Cty. · 2007 · signal: see · confidence high
See Mobley v. Ishmael, 285 AD2d 648 (2nd Dept. 2001), Glenn T. v. Donna U. , 226 AD2d 803 (3rd Dept. 1996).
Retrieving the full opinion text from the archive…
In the Matter of Corey Mobley
v.
Carletta Ishmael
Appellate Division of the Supreme Court of the State of New York.
Jul 30, 2001.
285 A.D.2d 648
2001 N.Y. App. Div. LEXIS 7721
Cited by 13 opinions  |  Published

—In a paternity and visitation proceeding pursuant to Family Court Act article 5, the petitioner appeals from an order of the Family Court, Kings County (Hepner, J.), dated April 3, 1998, which, without a hearing, granted the mother’s motion to dismiss the paternity and visitation petition on the ground of equitable estoppel.

Ordered that the order is affirmed, without costs or disbursements.

The petitioner, who is serving a sentence of 25 years to life imprisonment, waited until the subject child was eight years old before attempting to establish his paternity and visitation rights, and provided no explanation for the delay. He concededly never provided economic support for the child, and had no contact with him between his fourth and eighth birthdays. In the past several years, the child has developed a close relationship with his mother’s boyfriend, and calls him “Daddy.” Under the circumstances, and in light of the petitioner’s failure to identify the benefit that would accrue to the child if his paternity and visitation petition was granted, the Family Court properly granted the mother’s motion to dismiss the petition on the ground of equitable estoppel without a hearing (see, Matter of Dion D. v Nykeeba Chyrisse M., 250 AD2d 429; Matter of Richard W. v Roberta Y., 240 AD2d 812; Matter of Glenn T. v Donna U., 226 AD2d 803; Matter of Terrence M. v Gale C., [*649] 193 AD2d 437). Ritter, J. P., Friedmann, Luciano and Smith, JJ., concur.