Opinion
Argued September 26, 2000
October 23, 2000.
In a matrimonial action in which the parties were divorced by judgment dated August 5, 1982, the defendant former husband appeals from an order of the Supreme Court, Queens County (Flug, J.), dated September 28, 1999, which, after a hearing, denied his motion to terminate his child support obligation and to modify the divorce judgment by declaring that he is not the father of the subject child.
Wallman, Greenberg, Gasman McKnight, LLP, New York, N Y (Philip A. Greenberg of counsel), for appellant.
April A. Newbauer, Kew Gardens, N.Y. (Susan E. Gibson-O'Gara of counsel), for respondent.
Audrey M. Sager, Forest Hills, N.Y. (Esther Chyzyk Bernheim of counsel), Law Guardian for the child.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The Supreme Court correctly concluded that the defendant was equitably estopped from challenging paternity to avoid his support obligation (see, Brian B. v. Dionne B., 267 A.D.2d 188; Matter of Weiller v. Weiller, 267 A.D.2d 390; John R. v. Lynn R ., 260 A.D.2d 459; Fung v. Fung, 238 A.D.2d 375). The court applied the equitable estoppel doctrine after conducting a hearing and concluding that it was in the child's best interest to deny the defendant's motion (see, Matter of Alberto T. v. Tammy D., 274 A.D.2d 587 [2d Dept., July 31, 2000]; Matter of Ettore I. v. Angela D., 127 A.D.2d 6).