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In the Matter of DION D., Appellant, v. NYKEEBA CHYRISSE M., Respondent, et al., Respondent. FORESTDALE, INC., Nonparty Respondent.

Petitioner was properly estopped from asserting paternity upon a record showing that he has had no contact with the child, born June 1992, since his incarceration for a term of 6 1/2 to 19 1/2 years in February 1993, contacted the agency only once, in January 1994, to inquire about bringing a paternity proceeding, did not file the instant petition until September 1994, and is not known to the child, who views his kinship foster parent as his only parent and is in the process of being adopted by her with the support of the law guardian and child welfare personnel ( see, Terrence M v. Gale C., 193 A.D.2d 437, lv denied 82 N.Y.2d 661).

Concur — Lerner, P. J., Ellerin, Rubin and Saxe, JJ.

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MATTER OF DION D. v. NYKEEBA CHYRISSE M
(May 14, 1998)