Opinion
February 2, 1996
Appeal from the Monroe County Family Court, Houston, J.H.O.
Present — Green, J.P., Lawton, Fallon, Callahan and Doerr, JJ.
Order unanimously affirmed without costs. Memorandum: Petitioner sustained her burden of establishing respondent's paternity by clear and convincing evidence (see, Matter of Commissioner of Social Servs. v. Philip De G., 59 N.Y.2d 137, 141-142). The testimony of petitioner that she had sexual relations exclusively with respondent at the time of conception, along with the blood test result indicating a 99.99% probability of paternity, are sufficient to meet that burden (see, Matter of Julie W. v. Adam S., 222 A.D.2d 1013). The weight to be accorded expert testimony is a matter for the trier of fact (see, Matter of Sylvestri, 44 N.Y.2d 260, 266; Baumfeld v. State of New York, 107 A.D.2d 927), and Family Court was justified in finding the testimony of respondent's expert unconvincing. Further, "[t]he greatest deference should be given to the decision of the hearing Judge who is in the best position to assess the credibility of the witnesses and the evidence proffered" (Matter of McCarthy v Baiman, 125 A.D.2d 572).