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MATTER OF COMM'R OF SOC SERVS. v. McDONALD

245 A.D.2d 506 (1997)

666 N.Y.S.2d 717

In the Matter of Commissioner of Social Services, on Behalf of Tracy Wilcher, Appellant, v. Denise McDonald, Respondent

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

December 22, 1997

Ordered that the order entered October 4, 1996, is reversed, on the law, without costs or disbursements, the objections are sustained, the order dated June 27, 1996, is vacated, and the matter is remitted to the Family Court, Westchester County, for a new determination of child support consistent herewith.

Since the respondent mother defaulted in appearing, her child support obligation should have been determined pursuant to Family Court Act § 413 (1) (k) (

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