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MATTER OF COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK v. REMY K.Y.

298 A.D.2d 261 (2002)

748 N.Y.S.2d 732

In the Matter of COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Respondent, v. REMY K.Y., Appellant.

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

Decided October 22, 2002.

Contrary to respondent's contention, there is no requirement that the parent receiving child support demonstrate that he or she is primarily supporting the child (see generally Family Ct Act § 413). Assuming, arguendo, that the January 10, 2001 hearing did not examine Ms. W.'s potential to earn income, respondent should have appealed the January 10 order (see generally Matter of Dauria v Dauria, 286 A.D.2d 879, 880)....

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