88 A.D.2d 911 | N.Y. App. Div. | 1982
— In a filiation proceeding, the appeals are from (1) an order of the Family Court, Queens County (Fogarty, J.), dated July 8,1981, which adjudicated the appellant the father of a child born out of wedlock, and (2) an order of the same court, dated October 23, 1981, which directed that appellant pay $60 per week for the support of said child. Appeal from the order dated July 8,1981 dismissed, without costs or disbursements. Said order is brought up for review upon the appeal from the order dated October 23, 1981. Order dated October 23, 1981 reversed, on the law, without costs or disbursements, order dated July 8, 1981 vacated, and petition dismissed. Although we hesitate to disturb the findings of fact of a hearing court, which, as trier of the fact, has the unique advantage of observing witnesses firsthand and thus is able to pass upon their credibility, intelligence and bias (McLaughlin v McLaughlin, 53 AD2d 729), nonetheless a