Opinion
September 30, 1997
Appeal from Ontario County Family Court, Harvey, J.
Present — Denman, P.J., Pine, Balio, Boehm and Fallon, JJ.
An order of filiation is not appealable as of right where, as here, support is sought in the paternity petition (see, Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15, 17). Petitioner sought an order of support and decision on that issue was reserved by Family Court in the order of filiation. Were we to reach the merits of the appeal, we would nonetheless affirm. The court's determination of paternity is supported by clear and convincing evidence. The testimony that petitioner had sexual relations exclusively with respondent during the critical period, together with the results of the DNA test indicating a 99.9% probability that respondent is the child's father, provides clear and convincing evidence of respondent's paternity (see, Matter of Julie W. v. Adam S., 222 A.D.2d 1012; see generally, Matter of Jane PP. v. Paul QQ., 65 N.Y.2d 994, 996).