David L. v. Cindy Pearl L.
| Decision Date | 03 October 1994 |
| Citation | 208 A.D.2d 502,617 N.Y.S.2d 57 |
| Parties | DAVID L. (Anonymous), Plaintiff-Respondent, v. CINDY PEARL L. (Anonymous), Defendant-Respondent; Alexander de Franca P. (Anonymous), Appellant. In the Matter of ALEXANDER DE FRANCA P. (Anonymous), Appellant; Cindy Pearl L. (Anonymous), Respondent. |
| Court | New York Supreme Court — Appellate Division |
Alexander de Franca P., appellant pro se.
Sanford S. Dranoff, Pearl River (Susan Yellen and Dranoff & Johnson, of counsel), for plaintiff-respondent.
Before MANGANO, P.J., and BRACKEN, SANTUCCI and FRIEDMANN, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action and a paternity proceeding pursuant to Family Court Act article 5, the petitioner appeals (1) from an order of the Supreme Court, Westchester County (Coppola, J.), dated July 31, 1992, which denied his motion to intervene in the matrimonial action, and (2) as limited by his brief, from stated portions of an order of the same court (Fredman, J.), entered August 20, 1992, which, inter alia, dismissed the paternity proceeding on the ground of equitable estoppel.
ORDERED that the appeal from the order dated July 31, 1992, is dismissed, as academic, without costs or disbursements; and it is further,
ORDERED that order dated August 20, 1993, is affirmed insofar as appealed from, without costs or disbursements.
In November 1989 the plaintiff husband commenced an action for divorce in which he alleged that the defendant wife had committed adultery with the petitioner. In July 1992, the petitioner, who claimed to be the biological father of a child born to the mother during the marriage on October 31, 1988, moved to intervene in the divorce action and to compel the parties to submit to blood testing. The court denied this motion and the petitioner seeks review of that ruling.
After the denial of the motion for intervention, the petitioner commenced a paternity proceeding in the Family Court, Westchester County, in August 1992, and again moved to compel the parties to submit to blood tests to determine the paternity of the then four-year-old child. However, after removing the Family Court proceeding to the Supreme Court and consolidating the divorce action with the paternity proceeding, the Supreme Court dismissed the paternity proceeding. The court held that the petitioner was equitably estopped from claiming paternity, since he had waited until the child was four years old to assert his claim. The petitioner also seeks review of that ruling.
The petitioner's appeal from the denial of the motion to intervene in the divorce action was rendered moot by the Supreme Court's consolidation of the divorce and paternity proceeding. In addition, the...
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