Opinion
November 16, 1994
Appeal from the Erie County Family Court, Trost, J.H.O.
Present — Lawton, J.P., Fallon, Wesley, Doerr and Boehm, JJ.
Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Where, as here, no objections were filed with Family Court from the order of a Hearing Examiner, no appeal lies from the Hearing Examiner's order of support and the appeal is dismissed (see, Family Ct Act § 439 [e]; Matter of Erie County Dept. of Social Servs. [Holmes] v Abdallah [appeal No. 2], 187 A.D.2d 967). We deem the notice of appeal from the order of filiation to be an application for leave to appeal from that order, and, in the exercise of our discretion, grant leave to appeal (see, Family Ct Act § 1112 [a]; Matter of Erie County Dept. of Social Servs. [Holmes] v Abdallah [appeal No. 2], supra).
Petitioner failed to establish paternity by clear, convincing and satisfactory evidence that would have created a genuine belief that respondent is the father of the child (see, Matter of Hardenbrook v. Farley, 130 A.D.2d 969, 969-970; Matter of Snyder v. Davis, 53 A.D.2d 1026). The mother changed her testimony regarding when respondent stopped visiting her at her home. She never contacted respondent about her pregnancy or the birth of the child and did not name respondent as the child's father on the birth certificate. Additionally, the results of a blood genetic marker test were inconclusive and no other medical evidence regarding paternity was offered.