Appeals (1) by permission, from an order of the Family Court of Rensselaer County (Perkinson, J.), entered October 8, 1992, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 5, to adjudicate respondent as the father of a child born to Patricia B., and (2) from an order of said court (Ceresia, Jr., J.), entered March 23, 1993, which denied respondent’s motion to vacate the prior order.
After review of the record, we find that respondent’s paternity was established by clear and convincing evidence (see, Matter of Erin Y. v Frank Z.,
The mother testified that she had unprotected sexual intercourse with respondent on one occasion in June or July 1982. Although there was evidence that she had sexual relations with one other man during the critical time period for conception, such proof is not fatal here (see, Matter of Amy J. v Brian K.,
Respondent argues that Family Court erred by crediting certain witnesses’ testimony over others or in resolving incon
We also reject respondent’s claim that Family Court erred in refusing to admit testimony and medical records of the mother’s psychiatrist. The mother did not waive her psychiatrist-patient privilege, nor did she place her mental state in issue (see, CPLR 4504; cf., Levine v Morris,
Family Court did not abuse its discretion in denying respondent’s motion for relief pursuant to CPLR 5015 (a) (2). "A court order purporting to settle something as fundamentally important as the paternity of a child is not susceptible of vacatur” upon anything but "newly discovered evidence strongly indicative of a result different than the one previously reached” (Matter of Rosa v Diaz,
