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In the MATTER OF BARBARA WEILLER, respondent, v. DOUGLAS WEILLER, appellant.

DECISION ORDER

ORDERED that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, Family Ct Act § 1112[a]); and it is further,

ORDERED that the order is affirmed, with costs.

The Family Court properly determined that the doctrine of equitable estoppel precludes the appellant from challenging the paternity of the child (see, Fung v. Fung, 238 A.D.2d 375 ; Matter of Alan N. v. Diana N., 213 A.D.2d 550 ).

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, LUCIANO, and FEUERSTEIN, JJ., concur.

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MATTER OF WEILLER v. WEILLER
(Dec 20, 1999)