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Young v. Erie Cnty. Office of Child Support Enforcement

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Jun 9, 2017
2017 N.Y. Slip Op. 4729 (N.Y. App. Div. 2017)

Opinion

828 CA 16-01248

06-09-2017

IN THE MATTER OF JOHNNIE L. YOUNG, PETITIONER-APPELLANT, v. ERIE COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT, RESPONDENT-RESPONDENT.

JOHNNIE L. YOUNG, PETITIONER-APPELLANT PRO SE. KELLIE POYNTON-GALLAGHER, BUFFALO, FOR RESPONDENT-RESPONDENT.


PRESENT:

JOHNNIE L. YOUNG, PETITIONER-APPELLANT PRO SE.

KELLIE POYNTON-GALLAGHER, BUFFALO, FOR RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered September 22, 2015 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking, inter alia, a determination that respondent acted unlawfully in suspending his driver's license for failure to pay child support arrears. We conclude that Supreme Court properly dismissed the petition. Pursuant to CPLR 7801 (1), "a proceeding under this article shall not be used to challenge a determination . . . which . . . can be adequately reviewed by appeal to a court" and, here, the applicable statute provides for review of respondent's determination through objections filed with Family Court (see Social Services Law § 111-b [12] [d] [2]). Petitioner's failure to avail himself of the appropriate remedy precludes his request for relief pursuant to CPLR article 78 (see Matter of Church of Chosen v City of Elmira, 18 AD3d 978, 979, lv denied 5 NY3d 709, cert denied 547 US 1115).

Entered: June 9, 2017

Frances E. Cafarell

Clerk of the Court


Summaries of

Young v. Erie Cnty. Office of Child Support Enforcement

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Jun 9, 2017
2017 N.Y. Slip Op. 4729 (N.Y. App. Div. 2017)
Case details for

Young v. Erie Cnty. Office of Child Support Enforcement

Case Details

Full title:IN THE MATTER OF JOHNNIE L. YOUNG, PETITIONER-APPELLANT, v. ERIE COUNTY…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jun 9, 2017

Citations

2017 N.Y. Slip Op. 4729 (N.Y. App. Div. 2017)