MATTER OF HICKSON v. Wallace

• Decision Date: 28 March 2000
• Citation: 270 A.D.2d 168
• Parties: In the Matter of OZZIE H. HICKSON, Respondent,<BR>v.<BR>ANNA WALLACE, Appellant.
• Court: New York Supreme Court — Appellate Division

270 A.D.2d 168

___ N.Y.S.2d ___

In the Matter of OZZIE H. HICKSON, Respondent,

v.ANNA WALLACE, Appellant.

Decided March 28, 2000.

Concur — Rosenberger, J. P., Williams, Ellerin, Wallach and Andrias, JJ.

Since respondent was represented by counsel, who accepted service of petitioner's second petition in court and in respondent's presence without stating any objection on the record of that day, respondent's objection to lack of personal jurisdiction was waived.

It was improper for the Hearing Examiner not to have fixed a basic child support obligation in the first instance (see, Bast v Rossoff,91 NY2d 723).Therefore, the matter should be remanded for a proper fact finding and determination of the basic figure.

We decline to disturb the Hearing Examiner's determinations made on the basis of his observation of the parties' testimonial and documentary evidence (see, e.g., Matter of Klein v Klein,251 AD2d 733, 735).We find, however, that petitioner's arrears should be offset against respondent's arrears of $4,660, particularly where the parties agreed to such an offset and...