Commissioner of Social Servs. of City of N.Y. v Irving H. (2009 NY Slip Op 01701)

Commissioner of Social Servs. of City of N.Y. v Irving H.

2009 NY Slip Op 01701 [60 AD3d 452]

March 10, 2009

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

Commissioner of Social Services of the City of New York, as Assignee of Lorraine C., Respondent,
v
Irving H., Appellant.

—[*1] Grace Nwachukwu, Brooklyn, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Marta B. Ross of counsel), for respondent.

Order, Family Court, New York County (Sara P. Schecter, J.), entered on or about July 6, 2007, which denied respondent Harris's objections and affirmed a Support Magistrate's order of filiation and support, entered on or about March 6, 2007, unanimously affirmed, without costs.

Respondent's objections to the filiation and support determinations are factually and legally insufficient to warrant reversal of the order appealed from. We find no support for the assertion that petitioner was without authority to maintain this proceeding under Social Services Law § 102, nor are the findings of fact inconsistent with the order of support. Respondent's claims of violations of Family Court Act §§ 459 and 413 are not supported by the record. Concur—Tom, J.P., Friedman, Gonzalez, Sweeny and McGuire, JJ.