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Matter of Burke v. Palermo

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1075 (N.Y. App. Div. 1993)

Opinion

February 5, 1993

Appeal from the Monroe County Family Court, Kohout, J.

Present — Callahan, J.P., Green, Balio, Fallon and Doerr, JJ.


Order unanimously reversed on the law without costs and petition reinstated. Memorandum: Family Court erred by affirming the order of a Hearing Examiner that dismissed petitioner's support petition with prejudice. Once petitioner stopped receiving public assistance, she was entitled to institute a support proceeding and to receive a de novo hearing on the amount of support to which she was entitled at that time (Family Ct Act § 571 [b]). Petitioner should not have been relegated to bringing a petition to modify a prior support order obtained by the Department of Social Services, because petitioner was not a party to that action nor was she bound by the order issued therein (see, Matter of Cathleen P. v Gary P., 63 N.Y.2d 805, 807; Matter of Commissioner of Social Servs. of City of N.Y. v Snell, 182 A.D.2d 474; Matter of Simone Q. v Wayne R., 135 A.D.2d 944; Matter of Commissioner of Social Servs. of City of N.Y. v Bailey, 79 A.D.2d 572).


Summaries of

Matter of Burke v. Palermo

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1075 (N.Y. App. Div. 1993)
Case details for

Matter of Burke v. Palermo

Case Details

Full title:In the Matter of EILEEN BURKE, Appellant, v. JOHN J. PALERMO, Respondent

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

Date published: Feb 5, 1993

Citations

190 A.D.2d 1075 (N.Y. App. Div. 1993)
593 N.Y.S.2d 1003

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