| Matter of Commissioner of Dept. of Social Servs. of the City of N.Y. v Charles B. |
| 2012 NY Slip Op 00092 [91 AD3d 455] |
| January 10, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Commissioner of Department of Social Services of
the City of New York, Respondent, v Charles B., Appellant. |
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Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for
respondent.
Order, Family Court, New York County (Susan B. Larabee, J.), entered on or about November 10, 2010, which denied respondent father's objection to the Support Magistrate's order denying his application to reduce his child support arrears owed to the Department of Social Services that accrued during the period of his incarceration, unanimously affirmed, without costs.
The Family Court properly denied the application. Family Court Act § 451 (1) provides that a "modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section." Respondent's reliance on Matter of Blake v Syck (230 AD2d 596, 599 [1997], lv denied 90 NY2d 811 [1997]) is misplaced, as in that case the father's income never exceeded the poverty income guidelines, and accordingly the child support arrears could not exceed $500 (see Family Ct Act § 413 [1] [g]; see also Matter of Commissioner of Social Servs. v Campos, 291 AD2d 203 [2002]). Concur—Mazzarelli, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.