SOC SERVS COMMR v. RUBEN O


80 N.Y.2d 409 (1992)

In the Matter of Commissioner of Social Services of the City of New York, as Assignee of Adriana G., Respondent, v. Ruben O., Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1992.


Attorney(s) appearing for the Case

Franklin Weinrib Rudell & Vassallo, P. C., New York City (Richard A. Abrams and Brian D. Berk of counsel), for appellant.

O. Peter Sherwood, Corporation Counsel of New York City, New York City (A. Orli Spanier and Kristin M. Helmers of counsel), for respondent.

Laurie Woods, New York City, Judith M. Reichler and Linda A. Stesney for National Center on Women and Family Law, Inc., and another, amici curiae.

Acting Chief Judge SIMONS and Judges KAYE and BELLACOSA concur with Judge SMITH; Judges TITONE and HANCOCK, JR., dissent and vote to reverse in a joint opinion.


SMITH, J.

The issue presented on this appeal is whether the Commissioner of Social Services, as assignee of the rights of a mother who has become and whose child has become a public charge, can compel a father to pay child support in accordance with the Child Support Standards Act (Family Ct Act § 413) where the father has completely complied with a court-approved compromise agreement of support (Family...

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