Appellate Division of the Supreme Court of the State of New York September 27, 1996 (Erie County Department of Social Services v. Alvin E.)

Order unanimously affirmed without costs. Memorandum: The notice of appeal is deemed an application for leave to appeal from the order of filiation, and in *961the exercise of our discretion, leave to appeal is granted (see, Family Ct Act § 1112 [a]; Matter of Harstein v Mike S., 107 AD2d 684).