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In Re Commissioner of Department of Social Services of the City of New York, Etc., Petitioner-Respondent v. Charles B.

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 10, 2012

IN RE COMMISSIONER OF DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, ETC., PETITIONER-RESPONDENT,
v.
CHARLES B., RESPONDENT-APPELLANT.

Matter of Matter of Commissioner of Dept. of Social Servs. of the City of N.Y. v Charles B.

2012 NY Slip Op 00092

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 January 10, 2012

Mazzarelli, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.

Order, Family Court, New York County (Susan B. Larabee, J.), entered on or about November 10, 2010, which denied respondent father's objection to the Support Magistrate's order denying his application to reduce his child support arrears owed to the Department of Social Services that accrued during the period of his incarceration, unanimously affirmed, without costs.

The Family Court properly denied the application. Family Court Act § 451(1) provides that a "modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section." Respondent's reliance on Matter of Blake v Syck (230 AD2d 596, 599 [1997], lv denied 90 NY2d 811 [1997]) is misplaced, as in that case the father's income never exceeded the poverty income guidelines, and accordingly the child support arrears could not exceed $500 (see Family Ct Act § 413[1][g]; see also Matter of Commr. of Social Servs. v Campos, 291 AD2d 203 [2002]).

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

ENTERED: JANUARY 10, 2011

CLERK

20120110

© 1992-2012 VersusLaw Inc.



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