Commissioner of Social Services on Behalf of Jones v. Jones-Gamble

• Decision Date: 28 May 1996
• Docket Number: No. 2,R,JONES-GAMBL,No. 1,1,2
• Citation: 227 A.D.2d 618,643 N.Y.S.2d 182
• Parties: In the Matter of COMMISSIONER OF SOCIAL SERVICES, Appellant, o/b/o Queen JONES, v. Brendaespondent (Matter). In the Matter of COMMISSIONER OF SOCIAL SERVICES, Appellant, o/b/o Queen JONES, v. Theran LABBAY, Respondent (Matter).
• Court: New York Supreme Court — Appellate Division

Page 182

643 N.Y.S.2d 182

227 A.D.2d 618

In the Matter of COMMISSIONER OF SOCIAL SERVICES, Appellant,

o/b/o Queen JONES, v. Brenda JONES-GAMBLE, Respondent (Matter No. 1).

In the Matter of COMMISSIONER OF SOCIAL SERVICES, Appellant,

o/b/o Queen JONES, v. Theran LABBAY, Respondent (Matter No. 2).

Supreme Court, Appellate Division,

Second Department.

May 28, 1996.

Paul V. Nowicki, County Attorney, New City (Radhika Nagubandi, of counsel; Edward Lussen, on the brief), for appellant in Matters No. 1 and 2.

Anne L. Glickman, New City (Nancy B. Morris, of counsel), for respondent Brenda Jones-Gamble.

Ellen B. Holtzman, Nanuet, for respondent Theran Labbay.

Before MILLER, J.P., and JOY, ALTMAN and FRIEDMANN, JJ.

MEMORANDUM BY THE COURT.

In two related support proceedings pursuant to Family Court Act article 4, the appeal is from an order of the Family Court, Rockland County (Warren, J.), dated November 30, 1994, which denied the petitioner's objections to an order of the same court (Miklitsch, H.E.), dated January 18, 1994, which, inter alia, found that the minor child, Shanice Labbay, was emancipated and had forfeited her right to support by withdrawing from parental control.

ORDERED that the order is affirmed, with costs.

It is well settled that a parent of a minor child is responsible for that child's support until age 21 (Family Ct. Act § 413; see, Matter of Alice C. v. Bernard G.C., 193 A.D.2d 97, 602 N.Y.S.2d 623). However, emancipation will suspend the parent's support obligation (see, Matter of Henry v. Boyd, 99 A.D.2d 382, 473 N.Y.S.2d 892, affd. 65 N.Y.2d 645, 491 N.Y.S.2d 620, 481 N.E.2d 252). A child may be deemed constructively emancipated if, without cause, the child withdraws from parental control and supervision (see, Matter of Parker v. Stage, 43 N.Y.2d 128, 400 N.Y.S.2d 794, 371 N.E.2d 513; Matter of Roe v. Doe, 29 N.Y.2d 188, 324 N.Y.S.2d 71, 272 N.E.2d 567; Matter of Alice C. v. Bernard G.C., supra). Where a minor of employable age and in full possession of his or her faculties voluntarily and without cause abandons the parental home against the will of the parents, and for the purpose of evading parental control, he or she forfeits the right to demand support (see, Matter of Parker v. Stage, supra; Matter of Roe v. Doe, supra).

In the instant case the Family Court found that the child Shanice, was constructively emancipated as a result of her failure to respect her mother's authority, her repeated truancy, and as a result of her overall incorrigibility, Shanice's mother, filed a PINS petition after finding her daughter to be uncontrollable. Shanice admittedly disliked being unable to stay out at all hours with her friends and resented her mother's rules and rebelled against them. After being placed in various residential facilities, Shanice promptly ran away and stayed with a friend for two years. After she became pregnant, one of five pregnancies between the ages of 16 and 18, Shanice moved in with her grandmother. Nevertheless, she remains unwilling to abide by her grandmother's rules and regulations, she remains unemployed, and is unable to care for her own daughter.

Clearly, on the instant record there is no basis to disturb the findings of the Hearing Examiner. The Hearing Examiner's findings are entitled to great deference (Matter of Karrie B. [Paul H.], 207 A.D.2d 1002, 617 N.Y.S.2d 663; Matter of McCarthy...