Erie County Department of Social Services v. Alvin E.

Order unanimously affirmed without costs. Memorandum: The notice of appeal is deemed an application for leave to appeal from the order of filiation, and in *961the exercise of our discretion, leave to appeal is granted (see, Family Ct Act § 1112 [a]; Matter of Harstein v Mike S., 107 AD2d 684).

Upon our review of the record, we conclude that petitioner met its burden of "proving paternity by clear, convincing and satisfactory evidence that creates a genuine belief that respondent is the father of her child” (Matter of Louise S. v Timothy E. [appeal No. 2], 187 AD2d 994). Altheria A. testified that…