Opinion
June 17, 1996
Appeal from the Family Court, Westchester County (Cooney, J.).
Ordered that the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, Family Ct Act § 1112); and it is further,
Ordered that the order is affirmed, with costs.
Contrary to the appellant's contention, the record unequivocally demonstrates that the petitioner established paternity by clear and convincing evidence, and we discern no basis for disturbing the hearing court's determination in this regard (see, e.g., Matter of Allen [Marcelline O.] v. Lawrence P., 208 A.D.2d 721; Matter of Dutchess County Dept. of Social Servs. [Kathy R.] v. Jeffrey M., 202 A.D.2d 581). The court carefully weighed the relative credibility of the parties' testimony in its decision, and there is no suggestion in the record that the highly probative HLA test results (see, Matter of Blancard v. Edward P., 212 A.D.2d 784; Matter of Nancy M.G. v James M., 148 A.D.2d 714), which indicated a 99.85% probability of paternity, were accorded undue weight by the hearing court (see, Matter of Niagara County Dept. of Social Servs. [Kimmie W.] v Randy M., 206 A.D.2d 878; Matter of Commissioner of Social Servs. of Saratoga County [Jo W.] v. David X., 186 A.D.2d 871; Matter of Erin Y. v. Frank Z., 163 A.D.2d 636).
The issues currently advanced by the appellant with respect to the admissibility of certain photographs and the lack of medical evidence regarding the premature birth of the child are improperly raised for the first time on appeal (see, e.g., Matter of Commissioner of Franklin County Dept. of Social Servs. v. Clarence F., 117 A.D.2d 877) and, in any event, are without merit (see, Matter of Taiwana Y. v. Benjamin Z., 204 A.D.2d 790; Matter of State of Utah [Pamela WW.] v. Robert XX., 203 A.D.2d 648; Matter of Willa S. v. Donald R., 116 A.D.2d 582 ). Balletta, J.P., Rosenblatt, Thompson and Copertino, JJ., concur.