Jeffery S. R., Respondent-Appellant. v. << (1999)

 Petitioner sustained its burden of establishing respondent's paternity by clear and convincing evidence (see, Matter of Commissioner of Social Servs. v. Philip De G., 59 N.Y.2d 137, 141-142, 463 N.Y.S.2d 761, 450 N.E.2d 681;  Matter of Tina P. v. Craig B., 224 A.D.2d 933, 637 N.Y.S.2d 572).   The blood test result indicating a 99.99% probability of paternity creates a rebuttable presumption of paternity (see, Family Ct. Act § 532[a];  Matter of Oneida County Dept. of Social Servs. v. Amadeo J. D., 219 A.D.2d 834, 631 N.Y.S.2d 967).   Rhonda L. (G.) R. testified that she had sexual relations with respondent during the critical period, and, although she admitted that she also had sexual relations with two other men during that period, she produced evidence that they had been excluded by blood test results.   With respect to two other men with whom Rhonda admitted having sexual relations, she testified that she had ceased having sexual relations with them several months prior to the critical period, and Family Court credited that testimony.   Great deference is given to the decision of the hearing court, which is in the best position to assess the credibility of witnesses (see, Matter of Tina P. v. Craig B., supra ).

Order unanimously affirmed without costs.

MEMORANDUM: