Department of Social Services ex rel. Debra L. v. William J.

Balletta, J. P.,

dissents and votes to affirm the order with the following memorandum, in which Pizzuto, J., concurs. I do not share the view of the majority that the record as a whole indicates that the petitioner has met its burden of proving the respondent’s paternity by "clear and convincing proof’. Therefore, I respectfully dissent and vote to affirm the order of the Family Court.

Although the Family Court may not have as clearly articulated the appropriate standard for determining paternity as it *560could have, I do not share the petitioner’s opinion that the Family Court improperly used a…