Opinion
November 15, 1988
Appeal from the Niagara County Family Court, Halpin, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Davis, JJ.
Appeal unanimously dismissed with costs. Memorandum: A filiation order which does not provide for support is not appealable without permission when support is requested in the petition (Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15, affd on remittal 108 A.D.2d 1050 revd and remanded for new hearing 65 N.Y.2d 994; Adams v. Brant, 130 A.D.2d 957). Had the matter been properly before us, we would have affirmed. Although the court erred by admitting the HLA test results without a proper foundation the testimony of the mother and the respondent constituted clear and convincing evidence of paternity.