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MATTER OF COMMISSIONER OF SOCIAL SERVICES v. PAUL C.

1917, 1917A

73 A.D.3d 469 (2010)

902 N.Y.S.2d 29

In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of MAUDLYN V.R., Respondent, v. PAUL C., Appellant.

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

Decided May 11, 2010.

The father's various arguments based on the mother's alleged fraudulent receipt of public assistance benefits lack merit. The doctrine of judicial estoppel does not apply to bar the proceeding because, although the Commissioner, after commencing this proceeding, did inconsistently refer the mother's case to the District Attorney for a possible welfare fraud prosecution, the District Attorney's decision not to prosecute was not a...

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