Majid v. Commissioner of Social Services

Full title: SAID MAJID, Appellant, v. COMMISSIONER OF SOCIAL SERVICES, Respondent

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

Date published: Nov 13, 1997

244 A.D.2d 187 (N.Y. App. Div. 1997)

664 N.Y.S.2d 11

Opinion

November 13, 1997

Appeal from the Supreme Court, New York County (Barry Cozier, J.).

The judgment representing arrears in child support is subject to postjudgment interest pursuant to CPLR 5003 and, as the IAS Court correctly found, such interest is not barred by the Hearing Examiner's ruling that petitioner was not obligated to pay prejudgment interest. Further, petitioner's payment of interest does not constitute payment of a "greater portion of such arrears" within the meaning of Family Court Act § 460 (3).

Concur — Sullivan, J. P., Milonas, Rosenberger and Williams, JJ.