Opinion
January 14, 1985
Appeal from the Family Court, Westchester County (Kaiser, J.).
Appeal dismissed, without costs or disbursements; no appeal lies as of right from an order of filiation entered in a proceeding in which an order of support is requested (Family Ct Act, § 1112; Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15; Matter of Susan W. v. Amhad Q., 65 A.D.2d 594).
The notice of appeal is deemed an application for leave to appeal from the order of filiation dated July 26, 1983. Leave to appeal granted (see Family Ct Act, § 1112, subd [a]).
Upon appeal by permission, order affirmed, without costs or disbursements.
Appellant's paternity was established by clear and convincing evidence. HLA test results indicated there is a 96.1% probability that appellant is the child's father and the hearing court credited the testimony of the child's mother as to the essential elements of proof necessary to sustain the petition (see Matter of Department of Social Servs. v. Jay W., 105 A.D.2d 19). Mangano, J.P., Gibbons, O'Connor and Brown, JJ., concur.