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IN THE MATTER OF COMMISSIONER OF DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK v. CHARLES B.

6092

91 A.D.3d 455 (2012)

935 N.Y.S.2d 881

2012 NY Slip Op 92

In the Matter of COMMISSIONER OF DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Respondent, v. CHARLES B., Appellant.

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

Decided January 10, 2012.

The Family Court properly denied the application. Family Court Act § 451 (1) provides that a "modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section." Respondent's reliance on Matter of Blake v Syck (230 A.D.2d 596, 599 [1997], lv denied 90 N.Y.2d 811 [1997]) is misplaced, as in that case the father's income never exceeded...

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