Matter Michael Paul T. v. Thomas R‪.‬

[124 A.D.2d 970 Page 970] Order unanimously reversed on the law without costs, and matter remitted to Supreme Court, Wyoming County, for further proceedings in accordance with the following memorandum: Eric R. was born on December 17, 1980 in California to Suzanne R., then a 23-year-old native of western New York, and Michael T., a 26-year-old Californian. The parents never married. Suzanne returned to New York with the child when Eric was six months old and, except for a few weeks when Suzanne lived with a female friend, they lived with Suzanne's parents until Suzanne was killed in an automobile accident in March 1985. Eric was then four years old.