Burke v. Palermo

Decision Date05 February 1993
Citation593 N.Y.S.2d 1003,190 A.D.2d 1075
PartiesMatter of Eileen BURKE, Appellant, v. John J. PALERMO, Respondent.
CourtNew York Supreme Court — Appellate Division

Monroe County Legal Assistance Corp. by Laurie Lambrix, Rochester, for appellant.

John Palermo, pro se.

Before CALLAHAN, J.P., and GREEN, BALIO, FALLON and DOERR, JJ.

MEMORANDUM:

Family Court erred by affirming the order of a Hearing Examiner that dismissed petitioner's support petition with prejudice. Once petitioner stopped receiving public assistance, she was entitled to institute a support proceeding and to receive a de novo hearing on the amount of support to which she was entitled at that time (Family Ct. Act § 571[3][b]. Petitioner should not have been relegated to bringing a petition to modify a prior support order obtained by the Department of Social Services, because petitioner was not a party to that action nor was she bound by the order issued therein (see, Matter of Cathleen P. v. Gary P., 63 N.Y.2d 805, 807, 481 N.Y.S.2d 332, 471 N.E.2d 145; Matter of Commissioner of Social Servs. of City of N.Y. v. Snell, 182 A.D.2d 474, 582 N.Y.S.2d 180; Matter of Simone Q. v. Wayne R., 135 A.D.2d 944, 522 N.Y.S.2d 353; Matter of Commissioner of Social Servs. of City of N.Y. v. Bailey, 79 A.D.2d 572, 434 N.Y.S.2d 24).

Order unanimously reversed on the law without costs and petition reinstated.

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3 cases
  • O'Dette v. Parton
    • United States
    • New York Supreme Court — Appellate Division
    • February 5, 1993
  • Broome Cnty. Dep't of Soc. Servs. ex rel. Wheeler v. Kelley
    • United States
    • New York Supreme Court — Appellate Division
    • February 19, 2015
    ...support proceeding upon the cessation of her public assistance benefits (see Family Ct. Act § 571[3][b] ; Matter of Burke v. Palermo, 190 A.D.2d 1075, 1076, 593 N.Y.S.2d 1003 [1993] ), we discern no basis for Family Court's conclusion that the order of support automatically terminates. In o......
  • Romano v. Russell
    • United States
    • New York Supreme Court — Appellate Division
    • February 5, 1993
    ... ...         Order unanimously reversed on the law without costs and petition reinstated (see, Burke v. Palermo, 190 A.D.2d 1075, 593 N.Y.S.2d 1003 [decided herewith]. (Appeal from Order of Monroe County Family Court, Kohout, J.--Child Support.) ... ...

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