| Matter of O. v M. |
| 2012 NY Slip Op 03361 [19 NY3d 828] |
| May 1, 2012 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 13, 2012 |
| In the Matter of O., Respondent, v M., Appellant. |
Decided May 1, 2012
Matter of O. v M., 88 AD3d 797, reversed.
APPEARANCES OF COUNSEL
Ronald R. Levine, Poughkeepsie, for appellant.
Law Office of Bruce A. Petito, Poughkeepsie (Bruce A. Petito of counsel), for respondent.
Brooke & Brady, LLP, Poughkeepsie (Kelly R. Brady of counsel), Attorney for the Child.
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court for further proceedings in accordance with this memorandum. [*2]
Family Court erred by failing to hold a hearing on equitable{**19 NY3d at 830} estoppel after genetic testing was conducted (see Matter of Juanita A. v Kenneth Mark N., 15 NY3d 1 [2010]; Matter of Shondel J. v Mark D., 7 NY3d 320 [2006]). Additionally, we note that Family Court has subject matter jurisdiction to make a child support award against appellant notwithstanding a New Jersey order directing another individual to pay child support (see Matter of Clarke v Clarke, 68 AD3d 1203, 1204-1205 [3d Dept 2009]). Consequently, we remit the matter to Family Court for a hearing and determination addressing appellant's equitable estoppel claim (see Juanita A., 15 NY3d at 6), and any further proceedings, if appropriate.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.