In re David Robert T.

In a proceeding pursuant to Civil Rights Law article 6 for leave to change an infant’s surname, the father appeals from a judgment of the Supreme Court, Suffolk County (Molia, J), dated September 19, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The father of the infant child born out of wedlock failed to establish that the child’s best interests will be substantially promoted by changing the child’s surname to his surname (see Civil Rights Law § 63). Consequently, the Supreme Court properly denied the petition (see Matter of…