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MATTER OF THOMAS v. COMMISSIONER OF SOCIAL SERVICES

287 A.D.2d 642 (2001)

731 N.Y.S.2d 866

In the Matter of BENJAMIN THOMAS, Respondent, v. COMMISSIONER OF SOCIAL SERVICES, on Behalf of NICOLE LEWIS, Appellant.

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

Decided October 22, 2001.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Family Court that the petitioner should be reimbursed for child support payments deducted from his salary pursuant to an order of filiation and temporary order of support and an order of support, both of which have been vacated, based on the conclusive evidence that he is not the child's biological father (see...

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