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Matter of Department of S.S. v. Elias

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1998
254 A.D.2d 287 (N.Y. App. Div. 1998)

Opinion

October 5, 1998

Appeal from the Family Court, Westchester County (Braslow, J.).


Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the order entered June 5, 1997, is vacated, and the father's objections are sustained to the extent that the matter is remitted to the Family Court, Westchester County, for a de novo determination of his child support obligation and a calculation of arrears nunc pro tunc.

The petitioner does not dispute the appellant's claim that he was not advised of the adjourned date for the child support hearing. Under the circumstances, the appellant is entitled to a de novo determination of his child support obligation ( see generally, Matter of Waite v. Whalen, 215 A.D.2d 922; Lamm v. Lamm, 170 A.D.2d 485).

Copertino, J. P., Santucci, Goldstein and Luciano, JJ., concur.


Summaries of

Matter of Department of S.S. v. Elias

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1998
254 A.D.2d 287 (N.Y. App. Div. 1998)
Case details for

Matter of Department of S.S. v. Elias

Case Details

Full title:In the Matter of DEPARTMENT OF SOCIAL SERVICES, on Behalf of DAWN ELIAS…

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

Date published: Oct 5, 1998

Citations

254 A.D.2d 287 (N.Y. App. Div. 1998)
678 N.Y.S.2d 123