Matter of Fahima A. v. Shah A.

Summary

The Appellate Division, Second Department, dismissed an appeal from a Family Court decision because no appeal lies from a decision itself. It reversed the order dismissing a paternity petition based on judicial estoppel and remitted the matter for a hearing and determination focused on the child's best interests.

Holdings

1. No appeal lies from a decision; the appeal from the Family Court decision was properly dismissed.
2. The Family Court erred in dismissing the petition without considering the child's best interests and without conducting a hearing necessary to resolve disputed facts relevant to those interests.

Questions Presented

1. Whether an appeal lies from a Family Court decision, as opposed to an order.
2. Whether the Family Court could dismiss the paternity petition based on judicial estoppel without considering the child's best interests and conducting a hearing where the motion papers contained contradictory factual assertions.

Disposition

reversed_and_remanded