Opinion
2002-00587
Submitted January 21, 2003.
February 4, 2003.
In a proceeding pursuant to Family Court Act article 5 to establish paternity and for an award of child support, the appeal is from an order of the Family Court, Suffolk County (Dounias, J.), dated December 3, 2001, which, after a hearing, determined that the appellant is the father of the child.
Charla R. Bikman, East Hampton, N.Y., for appellant.
Robert J. Cimino, County Attorney, Central Islip, N.Y. (Bernard C. Cheng of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the notice of appeal from the order is deemed to be an application for leave to appeal and leave is granted (see Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15; Matter of Cheryl B. v. Troy P., 265 A.D.2d 551); and it is further,
ORDERED that the order is affirmed, without costs or disbursements.
The record supports the hearing court's conclusion that the petitioner established, by clear and convincing evidence (see Matter of Commissioner of Social Servs. v. Philip De G., 59 N.Y.2d 137), that the appellant is the father of the subject child (see Family Ct Act § 532[a]; Matter of Cosgriff v. Vivinetto, 270 A.D.2d 347; Matter of Department of Social Servs. v. John James H., 249 A.D.2d 545).
RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.