Matter of Corporation Counsel of the City of N.Y. v Similien
2020 NY Slip Op 06384 [188 AD3d 453]
November 10, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2020


[*1]
 In the Matter of Corporation Counsel of the City of New York, on Behalf of Leah Jean Doster, Respondent,
v
Peri Similien, Appellant.

Peri Similien, appellant pro se.

James E. Johnson, Corporation Counsel, New York (Julia Bedell of counsel), for respondent.

Order, Family Court, New York County (Jane Pearl, J.), entered on or about August 21, 2019, which denied pro se respondent father's objection to an order of support, same court (Amanda Norejko, S.M.), entered on or about July 19, 2019, directing him to pay monthly basic child support in the amount of $754.86 and arrears in the amount of $2,921.86, unanimously affirmed, without costs.

The record shows that Family Court properly exercised jurisdiction over respondent through substituted service of the summons, petition, and supporting documentation upon him, followed by mail service (see Family Ct Act § 427 [a]). Moreover, respondent appeared in court, waived his right to counsel, and specifically declined to challenge proper service. Based on respondent's refusal to provide any proof of income to the court, the Support Magistrate properly calculated a child support award based on the subject child's needs, as demonstrated by financial information provided by the mother (Family Ct Act § 413 [1] [k]). Indeed, respondent does not challenge the amount of support, only his obligation to pay. Moreover, his efforts to "rescind" and "cancel" his signature on the acknowledgment of paternity have no basis in fact or law. As the subject child's recognized parent, he is chargeable with her support and "shall be required to pay for child support a fair and reasonable sum as the court may determine" (Family Ct Act § 413 [1] [a]). Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, JJ.