In re Proceeding, Com. of S.S., v. Darryl B

Full title: IN RE PROCEEDING, ETC., COMMISSIONER OF SOCIAL SERVICES, ETC.…

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

Date published: Jun 5, 2003

306 A.D.2d 54 (N.Y. App. Div. 2003)

759 N.Y.S.2d 676

Opinion

1310

June 5, 2003.

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about July 30, 2001, which granted petitioner's objection to the Hearing Examiner's order suspending respondent's child support obligation during the period of his incarceration, unanimously affirmed, without costs.

Sharyn Rootenberg, for petitioner-respondent.

John J. Marafino, for respondent-appellant.

Before: Tom, J.P., Sullivan, Rosenberger, Wallach,¹ Gonzalez, JJ.

1 Deceased June 1, 2003.

The objection was properly granted on the ground that respondent's financial hardship was solely the result of his purposeful and wrongful conduct culminating in his conviction and incarceration (Matter of Knights v. Knights, 71 N.Y.2d 865;Matter of Commissioner of Social Servs. v. Bayona, 279 A.D.2d 305).

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