Comm'r of Soc. Servs. ex rel. Karla M. v. Omar G.

• Decision Date: 14 December 2021
• Docket Number: 14854,Dkt. No. F-29970/19,Case No. 2021-00352
• Citation: 200 A.D.3d 527,160 N.Y.S.3d 210
• Parties: In the Matter of the COMMISSIONER OF SOCIAL SERVICES ON BEHALF OF KARLA M., Assignor, Petitioner–Appellant, v. OMAR G., Respondent–Respondent.
• Court: New York Supreme Court — Appellate Division

200 A.D.3d 527
160 N.Y.S.3d 210

In the Matter of the COMMISSIONER OF SOCIAL SERVICES ON BEHALF OF KARLA M., Assignor, Petitioner–Appellant,
v.
OMAR G., Respondent–Respondent.

14854
Dkt. No. F-29970/19
Case No. 2021-00352

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

ENTERED December 14, 2021

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

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),

160 N.Y.S.3d 211

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...