IN RE: Lynn K. HOLLWEDEL (1998)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Lynn K. HOLLWEDEL, etc., Appellant, v. PUBLIC ADMINISTRATOR OF the COUNTY OF WESTCHESTER, etc., Respondent.

Decided: November 23, 1998

Before O'BRIEN, J.P., SULLIVAN, KRAUSMAN and FLORIO, JJ.

O'Connell and Aronowitz, Albany, N.Y. (Kathleen M. Treasure of counsel), for appellant. Joan C. Salwen, Scarsdale, N.Y., for respondent.

In a proceeding pursuant to Family Court Act article 5 to establish paternity, the appeal is from an order of the Family Court, Westchester County (Tolbert, J.), entered September 9, 1997 which, after a hearing, denied the petition and dismissed the proceeding.

ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is granted, and the matter is remitted to the Family Court, Westchester County, for entry of an appropriate order of filiation.

Contrary to the Family Court's determination, the petitioner's proof, including, inter alia, the unrebutted testimony of the petitioner, her father, and her sister, together with the letter written by the decedent, the putative father, sufficiently satisfied the evidentiary standard needed to prove paternity (see, Matter of Commissioner of Social Servs. [Patricia A.] v. Philip De G., 59 N.Y.2d 137, 463 N.Y.S.2d 761, 450 N.E.2d 681; Matter of Anne R. v. Estate of Francis C., 234 A.D.2d 375, 651 N.Y.S.2d 539). Accordingly, the petition should be granted.

MEMORANDUM BY THE COURT.

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