Opinion
2011-12-20
In re VERMONT DEPARTMENT OF SOCIAL WELFARE on behalf of LYNN L.T., Petitioner–Respondent, v. LOUIS T.T. SR., also known as Florio V., Respondent–Appellant.
Florio V., appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Larry A. Sonnenshein of counsel), for respondent.
Florio V., appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Larry A. Sonnenshein of counsel), for respondent.
Order, Family Court, New York County (Gloria Sosa–Lintner, J.), entered on or about January 14, 2010, which denied respondent's objection to an order, same court (Debra Schiraldi Stein, Support Magistrate), entered on or about April 21, 2010, denying his motion to vacate an order of child support, same court (Elrich Eastman, J.), entered on or about December 3, 1985, unanimously affirmed, without costs.
Respondent's objection on the ground of improper service is barred by the doctrine of res judicata because he could have raised it in a prior proceeding ( see Majid v. Commissioner of Social Servs., 24 A.D.3d 251, 806 N.Y.S.2d 206 [2005], lv. denied 7 N.Y.3d 703, 819 N.Y.S.2d 869, 853 N.E.2d 240 [2006] ). Moreover, the objection was barred by the doctrine of laches, as respondent waited over 24 years before raising it ( see Steiner v. Steiner, 204 A.D.2d 157, 612 N.Y.S.2d 16 [1994] ).