Appellate Division of the Supreme Court of New York, 2003

Commissioner of Social Services v. Darryl B.

Commissioner of Social Services v. Darryl B.
Appellate Division of the Supreme Court of New York · Decided June 5, 2003
306 A.D.2d 54; 759 N.Y.S.2d 676; 2003 N.Y. App. Div. LEXIS 6347
Commissioner of Social Services v. Darryl B.

Opinion of the Court

—Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about July 30, 2001, which granted petitioner’s objection to the Hearing Examiner’s order suspending respondent’s child support obligation during the period of his incarceration, unanimously affirmed, without costs.

The objection was properly granted on the ground that *55respondent’s financial hardship was solely the result of his purposeful and wrongful conduct culminating in his conviction and incarceration (Matter of Knights v Knights, 71 NY2d 865 [1988]; Matter of Commissioner of Social Servs. v Bayona, 279 AD2d 305 [2001]). Concur — Tom, J.P., Sullivan, Rosenberger, Wallach* * and Gonzalez, JJ.

Deceased June 1, 2003.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.