Broome Cnty. Dep't of Soc. Servs. ex rel. Wheeler v. Kelley
| Decision Date | 19 February 2015 |
| Citation | 4 N.Y.S.3d 617,125 A.D.3d 1187,2015 N.Y. Slip Op. 01516 |
| Parties | In the Matter of BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of Cheryl L. WHEELER, Appellant, v. Horace P. KELLEY, Respondent. |
| Court | New York Supreme Court — Appellate Division |
125 A.D.3d 1187
4 N.Y.S.3d 617
2015 N.Y. Slip Op. 01516
In the Matter of BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of Cheryl L. WHEELER, Appellant
v.
Horace P. KELLEY, Respondent.
Supreme Court, Appellate Division, Third Department, New York.
Feb. 19, 2015.
Robert G. Behnke, County Attorney, Binghamton (Mark Bice of counsel), for appellant.
Before: McCARTHY, J.P., LYNCH, DEVINE and CLARK, JJ.
Opinion
LYNCH, J.
Appeal from an order of the Family Court of Broome County (Connerton, J.), entered September 25, 2013, which, in a
proceeding pursuant to Family Ct. Act article 4, denied petitioner's objections to an order of support.
Petitioner, the assignee of the mother of a minor child (hereinafter the mother), commenced this child support proceeding in May 2013 pursuant to Family Ct. Act article 4. Petitioner became the assignee of the mother's right to receive support for her minor child upon the mother's receipt of public assistance (see Social Services Law § 348 ; Family Ct. Act § 571[1] ; Matter of Livingston County Commr. of Social Servs. v. Pragle, 294 A.D.2d 906, 907, 741 N.Y.S.2d 766 [2002] ). The issue presented on this appeal is whether the Support Magistrate had the authority to limit the duration of an order of support obtained by petitioner for “so long as [the mother] receives temporary assistance.” Petitioner contends that the support order must continue because the statute does not permit Family Court to terminate a support order upon the termination of public assistance. We agree.
Review of the record confirms that after concluding that there is “nothing in the Family Court Act that says the order shall continue” upon the termination of public assistance, the Support Magistrate held that it was not appropriate to continue the order once the mother's public assistance case closed because the mother did not appear at the...
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