Opinion
CAF 02-01024
November 15, 2002.
Appeal from an order of Family Court, Cattaraugus County (Nenno, J.), entered July 17, 2001, which denied the objections of the Cattaraugus County Department of Social Services to the order of the Hearing Examiner.
STEPHEN D. MILLER, OLEAN, FOR APPELLANT.
PRESENT: GREEN, J.P., HAYES, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Family Court properly denied the objections of the Cattaraugus County Department of Social Services (DSS) to the order of the Hearing Examiner denying its request for reimbursement of Medicaid managed care premium payments. Such reimbursement was neither sought in the petition brought by Tara Kenyon ( see Family Ct Act § 423; Matter of Cattaraugus County Commr. of Social Servs. v. Bund, 259 A.D.2d 973, 974) nor supported by competent evidence at the hearing ( see Matter of Pringle v. Pringle, 296 A.D.2d 828; Matter of Eason v. Eason, 86 A.D.2d 666). The unsworn statements by the attorney for DSS and the representative of the Support Collection Unit and the unverified computer printout bearing the handwritten notations of an unidentified source are not a proper basis for the award sought by DSS ( see Pringle, 296 A.D.2d at 828; Eason, 86 A.D.2d 666; Matter of Rensselaer County Dept. of Social Servs. v. Cossart, 38 A.D.2d 635, 636).