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MATTER OF ROSE v. MOODY

83 N.Y.2d 65 (1993)

629 N.E.2d 378

607 N.Y.S.2d 906

In the Matter of Steven D. Rose, as Commissioner of the Oswego County Department of Social Services, on Behalf of Edith L. Clancy, Appellant, v. Kimberly L. Moody, Respondent. Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1993.

Attorney(s) appearing for the Case

The Seiter Law Firm, Mexico (Kevin C. Caraccioli of counsel), for appellant.

Robert Abrams, Attorney-General, Albany (John McConnell, Jerry Boone and Peter H. Schiff of counsel), for intervenor-appellant.

Heidi Siegfried, Oswego, and Frederick M. Stanczak, Syracuse, for respondent.

Wayne G. Hawley, New York City, Beth L. Andersen, Michelle D. Schreiber, John F. Castellano, Katharine A. Clemens, Gerald B. Liu and Thomas Maligno, Islandia, and Jane C. Reinhardt for MFY Legal Services, Inc., and another, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and SMITH concur with Judge BELLACOSA; Judge LEVINE dissents and votes to reverse in a separate opinion.

BELLACOSA, J.

Respondent mother has custody of two of her children and subsists on Social Services financial aid. Family Court rejected petitioner Oswego County Social Services Commissioner's objections to the Hearing Examiner's findings and determination that the respondent mother's child support obligation for her third, noncustodial child was $0. The Commissioner and intervenor Attorney-General of the State...

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