Opinion
July 12, 1991
Appeal from the Monroe County Family Court, Bonadio, J.
Present — Callahan, J.P., Doerr, Denman, Green and Lowery, JJ.
Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order of support based upon a prior order of filiation. He contends that the evidence of paternity was insufficient and that the court erred in denying his motion to reopen the proof for expert testimony challenging the HLA test result.
The evidence of paternity, without regard to the HLA test, was clear and convincing based upon the hospital records and petitioner's testimony, which the court found credible (see, Matter of Commissioner of Social Servs. v Philip De G., 59 N.Y.2d 137; Matter of Bradley W. v Mary Ann N., 115 A.D.2d 268, appeal withdrawn 67 N.Y.2d 938). Therefore, the court did not abuse its discretion in denying respondent's motion to reopen the proof.