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In the Matter of Lafayette v. McPherson

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 488 (N.Y. App. Div. 2002)

Opinion

2001-10317

Submitted November 26, 2002.

December 16, 2002.

In a child support proceeding pursuant to the Uniform Interstate Family Support Act (Family Ct Act article 5-B), the father appeals from an order of the Family Court, Nassau County (Balkin, J.), dated October 10, 2001, which denied his objections to an order of the same court (Watson, H.E.), dated June 8, 2001, which, after a hearing, inter alia, awarded child support in the sum of $204.07 per week.

Judy Moses, Brentwood, N.Y., for appellant.

Lorna B. Goodman, County Attorney, Mineola, N.Y. (Gerald R. Podlesak and Mary Elisabeth Ostermann of counsel), for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

At a time when the mother was receiving public assistance, an order of filiation was entered against the father, which directed him to pay child support. After the mother ceased receiving public assistance, she commenced this proceeding. Following a de novo hearing, the father was ordered to pay increased child support. We affirm.

Contrary to the father's contention, the mother was entitled to a de novo hearing on the amount of support to which she was entitled and was not relegated to seeking a modification of the prior support order (see Family Ct Act § 571[b]; Matter of Burke v. Palermo, 190 A.D.2d 1075, 1076).

The father's remaining contentions are either not properly before this court or without merit.

RITTER, J.P., FRIEDMANN, LUCIANO and H. MILLER, JJ., concur.


Summaries of

In the Matter of Lafayette v. McPherson

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 488 (N.Y. App. Div. 2002)
Case details for

In the Matter of Lafayette v. McPherson

Case Details

Full title:IN THE MATTER OF VICTORIA LAFAYETTE, respondent, v. OWEN McPHERSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 2002

Citations

300 A.D.2d 488 (N.Y. App. Div. 2002)
751 N.Y.S.2d 592

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