Opinion
February 2, 1996
Appeal from the Monroe County Family Court, Houston, J.H.O.
Present — Denman, P.J., Green, Wesley, Balio and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: An order of filiation is not appealable as of right where support was sought in the paternity petition (Family Ct Act § 1112 [a]; Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15, 17; Matter of Cheryl A.B. v. Michael Anthony D., 197 A.D.2d 851). In the exercise of our discretion, we deem the notice of appeal to be an application for leave to appeal, and we grant leave (see, Family Ct Act § 1112 [a]; Matter of Niagara County Dept. of Social Servs. [Kay B.] v. Samuel M. [appeal No. 1] 222 A.D.2d 1071).