Commissioner of Department of Social Services v. Charles B.

Appellate Division of the Supreme Court of New York

Commissioner of Department of Social Services v. Charles B.

91 A.D.3d 455, 935 N.Y.2d 881

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 10, 2012

StatusPublished

Cited by2 cases

This text of 91 A.D.3d 455 (Commissioner of Department of Social Services v. Charles B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commissioner of Department of Social Services v. Charles B., 91 A.D.3d 455, 935 N.Y.2d 881 (N.Y. Ct. App. 2012).

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Opinion

[456]*456The 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 Commissioner of Social Servs. v Campos, 291 AD2d 203 [2002]). Concur — Mazzarelli, J.E, Sweeny, Moskowitz, Acosta and AbdusSalaam, JJ.

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[456]*456The 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 Commissioner of Social Servs. v Campos, 291 AD2d 203 [2002]). Concur — Mazzarelli, J.E, Sweeny, Moskowitz, Acosta and AbdusSalaam, JJ.

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91 A.D.3d 455, 935 N.Y.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-department-of-social-services-v-charles-b-nyappdiv-2012.

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