Commissioner of Social Services v. De Jesus

Appellate Division of the Supreme Court of New York

Commissioner of Social Services v. De Jesus

85 A.D.2d 505, 444 N.Y.S.2d 107, 1981 N.Y. App. Div. LEXIS 16270

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

DecidedDecember 1, 1981

StatusPublished

This text of 85 A.D.2d 505 (Commissioner of Social Services v. De Jesus) 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.

Bluebook

Commissioner of Social Services v. De Jesus, 85 A.D.2d 505, 444 N.Y.S.2d 107, 1981 N.Y. App. Div. LEXIS 16270 (N.Y. Ct. App. 1981).

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Opinion

Order, Family Court, New York County (Eastman, J.), entered February 13,1981, which established paternity and directed support payments by respondent with an income deduction order made contingent upon respondent’s failure to make four consecutive payments modified, on the law and on the facts, to delete the word “consecutive” and otherwise, affirmed, without costs. Following respondent’s acknowledgement of paternity in a paternity and [506]*506support proceeding pursuant to section 523 of the Family Court Act, respondent was directed to pay $35 per week support through a unit of the Department of Social Services. The order of support and filiation contained a payroll deduction order pursuant to section 49-b (subd 1, par [b]) of the Personal Property Law which was made contingent upon respondent’s failure to make four consecutive payments. We do not agree that section 49-b (subd 1, par [b]) of the Personal Property Law authorized the Family Court to make such an order contingent upon consecutive payments, the effect of which would be significantly to limit enforcement of the support order, and, accordingly, delete the word “consecutive” from the order. Concur — Murphy, P. J., Kupferman, Sandler, Markewich and Lupiano, JJ.

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Order, Family Court, New York County (Eastman, J.), entered February 13,1981, which established paternity and directed support payments by respondent with an income deduction order made contingent upon respondent’s failure to make four consecutive payments modified, on the law and on the facts, to delete the word “consecutive” and otherwise, affirmed, without costs. Following respondent’s acknowledgement of paternity in a paternity and [506]*506support proceeding pursuant to section 523 of the Family Court Act, respondent was directed to pay $35 per week support through a unit of the Department of Social Services. The order of support and filiation contained a payroll deduction order pursuant to section 49-b (subd 1, par [b]) of the Personal Property Law which was made contingent upon respondent’s failure to make four consecutive payments. We do not agree that section 49-b (subd 1, par [b]) of the Personal Property Law authorized the Family Court to make such an order contingent upon consecutive payments, the effect of which would be significantly to limit enforcement of the support order, and, accordingly, delete the word “consecutive” from the order. Concur — Murphy, P. J., Kupferman, Sandler, Markewich and Lupiano, JJ.

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Bluebook (online)

85 A.D.2d 505, 444 N.Y.S.2d 107, 1981 N.Y. App. Div. LEXIS 16270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-v-de-jesus-nyappdiv-1981.