Opinion
October 1, 1993
Appeal from the Erie County Family Court, Trost, J.H.O.
Present — Denman, P.J., Green, Balio, Fallon and Boehm, JJ.
Appeal unanimously dismissed without costs. Memorandum: When support is sought in the paternity petition, as in the present proceeding, but the filiation order makes no provision for support, the order is not appealable as of right (see, Family Ct Act § 1112 [a]; Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15, 17; Matter of Plantz v. Rounds, 115 A.D.2d 951). Similarly, the order denying a motion to reopen the paternity proceeding based upon newly-discovered evidence (see, CPLR 5015 [a] [2]) is not an order of disposition appealable as of right (see, Family Ct Act § 1112 [a]; Matter of Brenner v. Brenner, 57 A.D.2d 813, lv dismissed 48 N.Y.2d 606, appeal dismissed 48 N.Y.2d 713, lv dismissed 51 N.Y.2d 766; Matter of Lance S., 51 A.D.2d 1057; Matter of Costa v. Costa, 34 A.D.2d 646). Because permission to appeal has not been granted, respondent's appeals from both orders are dismissed.