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Matter of Harstein v. Mike

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1985
107 A.D.2d 684 (N.Y. App. Div. 1985)

Opinion

January 14, 1985

Appeal from the Family Court, Westchester County (Kaiser, J.).


Appeal dismissed, without costs or disbursements; no appeal lies as of right from an order of filiation entered in a proceeding in which an order of support is requested (Family Ct Act, § 1112; Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15; Matter of Susan W. v. Amhad Q., 65 A.D.2d 594).

The notice of appeal is deemed an application for leave to appeal from the order of filiation dated July 26, 1983. Leave to appeal granted (see Family Ct Act, § 1112, subd [a]).

Upon appeal by permission, order affirmed, without costs or disbursements.

Appellant's paternity was established by clear and convincing evidence. HLA test results indicated there is a 96.1% probability that appellant is the child's father and the hearing court credited the testimony of the child's mother as to the essential elements of proof necessary to sustain the petition (see Matter of Department of Social Servs. v. Jay W., 105 A.D.2d 19). Mangano, J.P., Gibbons, O'Connor and Brown, JJ., concur.


Summaries of

Matter of Harstein v. Mike

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1985
107 A.D.2d 684 (N.Y. App. Div. 1985)
Case details for

Matter of Harstein v. Mike

Case Details

Full title:In the Matter of PHYLLIS HARSTEIN, on Behalf of JULIE S., Respondent, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 14, 1985

Citations

107 A.D.2d 684 (N.Y. App. Div. 1985)

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