Elizabeth H. v. James M.

OPINION OF THE COURT

Shirley Wohl Kram, J.

This paternity proceeding was commenced by the Commissioner of Social Services on behalf of the child Mathew H., now 10 years old, born January, 1970. The primary issue in this proceeding is whether there is clear and convincing proof that the respondent James M. is the father of this boy. However, this court first wishes to address an interesting question which developed in the course of the hearing. Without any motion or application to the court, Mathew H. was called as a witness. No objection was raised by respondent’s *1053attorney except one relative…