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IN RE BRISTENE B., COMMISSIONER OF SOCIAL SERVICE, Assignorres, v. ABRAHAM G., res-res

9057. IN RE BRISTENE B., COMMISSIONER OF SOCIAL SERVICE, Assignorres, v. ABRAHAM G., res-res — Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for res — ANDREW J. BAER, NEW YORK, ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about March 27, 2012, denying appellant's objection to the December 20, 2011 decision of the Support Magistrate, which, upon appellant's default, and following an inquest, entered an order of filiation finding that appellant is the father of the subject child, and a child support order, unanimously affirmed, without costs.

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9057. IN RE BRISTENE B., COMMISSIONER OF SOCIAL SERVICE, Assignorres, v. ABRAHAM G., res-res — Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for res — ANDREW J. BAER, NEW YORK, ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about March 27, 2012, denying appellant’s objection to the December 20, 2011 decision of the Support Magistrate, which, upon appellant’s default, and following an inquest, entered an order of filiation finding that appellant is the father of the subject child, and a child support order, unanimously affirmed, without costs.

The record supports the court’s finding that the presumption of legitimacy was overcome based on the mother’s testimony that she was divorced from her former husband three years before the child’s birth, and that she was in an exclusive sexual relationship with appellant in the relevant period before the child’s birth. The court’s determination that this testimony was “credible” is entitled to great weight and is supported by the record (see Matter of Benjamin L., 9 AD3d 153, 155 [1st Dept 2004]).

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