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Commissioner of Social Services of the City of New York v. Irving H.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 10, 2009

COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK AS ASSIGNEE OF LORRAINE C., PETITIONER-RESPONDENT,
v.
IRVING H., RESPONDENT-APPELLANT.

Order, Family Court, New York County (Sara P. Schecter, J.), entered on or about July 6, 2007, which denied respondent Harris's objections and affirmed a Support Magistrate's order of filiation and support, entered on or about March 6, 2007, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 10, 2009

Tom, J.P., Friedman, Gonzalez, Sweeny, McGuire, JJ.

Respondent's objections to the filiation and support determinations are factually and legally insufficient to warrant reversal of the order appealed from. We find no support for the assertion that petitioner was without authority to maintain this proceeding under Social Services Law § 102, nor are the findings of fact inconsistent with the order of support. Respondent's claims of violations of Family Court Act § 459 and § 413 are not supported by the record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090310

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