MATTER OF COMM'R OF SOC SERVS. OF THE CITY OF NEW YORK v. KANE


245 A.D.2d 106 (1997)

666 N.Y.S.2d 138

In the Matter of Commissioner of Social Services of the City of New York, Respondent, v. Paul Kane, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1997


We agree with Family Court that there exists no viable pendente lite support order from Supreme Court emanating from the divorce action pending in that court, both because respondent could not produce a complete copy of the purported order, and because he specifically testified before the Hearing Examiner that no such order exists. Where, as here, there is no Supreme Court order directing the payment of child support, and the child is a public charge, Family Court possesses...

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