Opinion
March 8, 1996
Appeal from the Monroe County Surrogate's Court, Ciaccio, S.
Present — Green, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Surrogate's Court. We add only that the issue of respondent's standing ( see, Domestic Relations Law § 111 [a]) may not be raised for the first time on appeal because it "could have been obviated or cured by factual showings or legal countersteps" in the trial court ( Telaro v Telaro, 25 N.Y.2d 433, 439, rearg denied 26 N.Y.2d 751; see, Oram v Capone, 206 A.D.2d 839, 840; cf., Matter of Baby Girl, 206 A.D.2d 932, 933). Were we to reach the issue in the exercise of our discretion, we would nevertheless affirm. The record establishes that respondent had regular communication with the child and provided support for him during the first seven years of the child's life ( cf., Matter of Andrew Peter H.T., 64 N.Y.2d 1090).