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IN THE MATTER OF COREY MOBLEY, appellant, v. CARLETTA ISHMAEL, respondent.

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 A.D.2d 429; Matter of Richard W. v. Roberta Y., 240 A.D.2d 812; Matter of Glenn T. v. Donna U., 226 A.D.2d 803; Matter of Terrence M. v. Gale C., 193 A.D.2d 437).

RITTER, J.P., FRIEDMANN, LUCIANO and SMITH, JJ., concur.

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MATTER OF MOBLEY v. ISHMAEL
(Jul 30, 2001)