Opinion
November 21, 2001.
Appeal from an order of the Family Court of Chemung County (Frawley, J.H.O.), entered December 13, 2000, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 5, to adjudicate respondent as the father of a child born to Christy "JJ".
Lucy Gold, Law Guardian, Ithaca, for appellant.
Adam M. Gee, Chemung County Department of Law, Elmira, for respondent.
Before: Mercure, J.P., Spain, Carpinello, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
Respondent appeals from a filiation order declaring him to be the father of a child born to Christy "JJ" in November 1999. As support was sought in the paternity petition, the subject filiation order, which makes no provision for same, is not appealable without permission (see,Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15, 16-18). We will, however,sua sponte deem the notice of appeal to be an application for permission to appeal and grant such request (see, Matter of Darla E. v. Barry F., 222 A.D.2d 857; Matter of Discenza [Lorraine NN.] v. Dann OO., 148 A.D.2d 196, 197-198, lv dismissed 75 N.Y.2d 765).
Upon reaching the merits, we conclude that none of the three arguments raised by respondent has merit. The Hearing Examiner's appointment of a Law Guardian to represent respondent, who was 16 years old at the time, satisfied the requirements of Family Court Act § 262 (a) (viii). Moreover, since respondent actively participated in the hearing without objecting to the assignment of the Judicial Hearing Officer, the proceeding was not jurisdictionally defective (see, Matter of Heather J. [Bruce L.], 244 A.D.2d 762, 763). Finally, upon our review of the record, in conjunction with respondent's specific claims of ineffective assistance of counsel, we are satisfied that he indeed received meaningful representation (see, Matter of St. Lawrence County Dept. of Social Servs. [Julie D.] v. Terry E., 229 A.D.2d 672).
Mercure, J.P., Spain, Mugglin and Rose, JJ., concur.
ORDERED that the order is affirmed, without costs.