Comm'r of Soc. Servs. v. Omar G.

• Decision Date: 14 December 2021
• Docket Number: Appeal No. 14854,Case No. 2021-00352,Docket No. F-29970/19,2021-06956
• Citation: 2021 NY Slip Op 74205 (U)
• Parties: In the Matter of the Commissioner of Social Services on Behalf of Karla M., Assignor, Petitioner-Appellant, v. Omar G., Respondent-Respondent. Appeal No. 14854 Case No. 2021-00352
• Court: New York Supreme Court

2021 NY Slip Op 74205(U)

In the Matter of the Commissioner of Social Services on Behalf of Karla M., Assignor, Petitioner-Appellant,
v.
Omar G., Respondent-Respondent.

Appeal No. 14854 Case No. 2021-00352

No. 2021-06956

Docket No. F-29970/19

Supreme Court of New York, First Department

December 14, 2021

Georgia M. Pestana, Corporation Counsel, New York (Rebecca L. Visgaitis of counsel), for appellant.

Before: Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.

Order, Family Court, Bronx County (Phaedra Perry, J.), entered on or about October 26, 2020, which denied petitioner's objection to an order of the same court (Harold E. Bahr III, Support Magistrate), entered February 11, 2020, dismissing its support petition, unanimously reversed, on the law, without costs, the objection granted and the order of dismissal vacated.

On September 27, 2019, the Commissioner of Social Services (DSS), as assignee of the subject child's mother, filed a petition seeking support for the child from respondent father. At the time the petition was filed, the child was receiving cash public assistance and Medicaid benefits. The petition requested an order of support payable to DSS or, in the event assignment to DSS ended, to the mother. It also requested a health insurance order. The petition was initially scheduled to come before an intake magistrate on October 29, 2019, but the appearance was administratively adjourned to November 15, 2019. On November 15, 2019, the mother and the father were present outside the courtroom, but the petition was adjourned again due to time constraints. No temporary support order was issued. Cash public assistance for the child ended on January 31, 2020. The child's Medicaid benefits remained active through January 2021.

When the petition came before the Support Magistrate on February 11, 2020, the Magistrate dismissed the petition over DSS's objection, on the ground that Family Court lacked subject matter jurisdiction over DSS's claims because DSS sought only retroactive support and health insurance costs. DSS objected to the order of dismissal, and Family Court denied the objection.

DSS properly filed its child support petition while the child was still receiving cash public assistance (Family Court Act § 422; Social Services Law § 102[1]; see Matter of Hawkins v Berlin, 26 N.Y.3d 417, 420 [2015]), and Family Court had jurisdiction to determine the petition. We find that after a child support petition is filed, the...