MATTER OF COMMISSIONER OF SOCIAL SERVICES v. VICTOR C.

6451.

91 A.D.3d 417 (2012)

936 N.Y.S.2d 149

2012 NY Slip Op 10

In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of EDITH S., Respondent, v. VICTOR C., Appellant.

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

Decided January 3, 2012.


Respondent's procedural objection challenging a portion of the paternity hearing as having been improperly held before a Support Magistrate who lacked authority to determine estoppel issues in a contested proceeding, is unavailing. The Support Magistrate properly referred the matter to a Family Court Judge pursuant to Family Ct Act § 439 (b) when the issue of equitable estoppel was raised. The transfer was consistent with the rule that the "Family Court should consider...

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