Matter of Dutchess County Dept. of Social Servs.(Fleming) v Wilson
2005 NY Slip Op 01194 [15 AD3d 481]
February 14, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 20, 2005


In the Matter of Dutchess County Department of Social Services, on Behalf of Sharon Fleming, Respondent,
v
George Wilson, Appellant.

[*1]In a support and paternity proceeding pursuant to Family Court Act articles 4 and 5, George Wilson appeals, as limited by his brief, from so much of an order of the Family Court, Dutchess County (Forman, H.), dated November 6, 2003, as, after a hearing, determined that he was the father of the subject children.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, the doctrine of res judicata did not bar the Dutchess County Department of Social Services from commencing this proceeding (see Matter of Phyllis W. v Bernie X., 203 AD2d 694 [1994]; cf. Matter of Oswego County Dept. of Social Servs. [Judy A.R.] v Duane E., 267 AD2d 1063 [1999]).

The appellant's remaining contentions are without merit. Schmidt, J.P., Adams, Santucci and Luciano, JJ., concur.