Dwayne J.B. v. Santos H.
Cases that cite this one
7 later published cases cite this decision.
- Martives G. v. Isabel M. (NYC Family Court 2017)
- Matter of Stephen N. v. Amanda O. (Appellate Division of the Supreme Court of New York 2016)
- Emily R. v. Emilio R. (NYC Family Court 2016)
- Matter of Jose M. v. Shaniqua F. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Thomas T. (Luba R.) (Appellate Division of the Supreme Court of New York 2014)
- Matter of Antony S.N.T. v. Rosemarie B.T. (Appellate Division of the Supreme Court of New York 2014)
- Marquis B. v. Rason B. (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The petitioner filed a paternity petition seeking to be declared the father of the subject child, and moved to compel a DNA test. In response to the petition, the mother produced an acknowledgment of paternity signed by her and another man. Based upon the acknowledgment of paternity, the Family Court summarily dismissed the petition on the ground that the petitioner lacked standing to challenge the acknowledgment of paternity since he was not a signatory of that document.
Contrary to the Family Court’s determination, a prior acknowledgment of paternity made in accordance with Family Court Act § 516-a does not serve as an insuperable bar to a claim of paternity by one who is a stranger to the acknowledgment (see Matter of James T. H. v Danielle M. K-R., 48 AD3d 683 [2008]; Matter of Tyrone G. v Fifi N., 189 AD2d 8, 14 [1993]; cf. Family Ct Act § 522; Matter of Cathleen P. v Gary P., 63 NY2d 805 [1984]; Matter of Costello v Timothy R., 109 AD2d 933 [1985]). Thus, it was error for the Family Court to dismiss the petition summarily for lack of standing. Accordingly, we reinstate the petition and remit the matter to the Family Court, Nassau County, for further proceedings on the petition. Mastro, J.E, Dillon, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.