IN RE COMMISSIONER OF S.S. v. WISLOH

ORDERED that the notice of appeal from the order is deemed to be an application for leave to appeal and leave is granted (see Matter of Jane PP. v. Paul QQ., 64 N.Y.2d 15; Matter of Cheryl B. v. Troy P., 265 A.D.2d 551); and it is further,

ORDERED that the order is affirmed, without costs or disbursements.

The record supports the hearing court's conclusion that the petitioner established, by clear and convincing evidence (see Matter of Commissioner of Social Servs. v. Philip De G., 59 N.Y.2d 137), that the appellant is the father of the subject child (see Family Ct Act § 532[a]; Matter of Cosgriff v. Vivinetto, 270 A.D.2d 347; Matter of Department of Social Servs. v. John James H., 249 A.D.2d 545).

RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.