Appellate Division of the Supreme Court of New York, 2011

Vermont Department of Social Welfare ex rel. Lynn L.T. v. Louis T.T.

Vermont Department of Social Welfare ex rel. Lynn L.T. v. Louis T.T.
Appellate Division of the Supreme Court of New York · Decided December 20, 2011
90 A.D.3d 534; 934 N.Y.2d 709
Vermont Department of Social Welfare ex rel. Lynn L.T. v. Louis T.T.

Opinion of the Court

Respondent’s objection on the ground of improper service is barred by the doctrine of res judicata because he could have raised it in a prior proceeding (see Majid v Commissioner of Social Servs., 24 AD3d 251 [2005], lv denied 7 NY3d 703 [2006]). Moreover, the objection was barred by the doctrine of laches, as respondent waited over 24 years before raising it (see Steiner v Steiner, 204 AD2d 157 [1994]). Concur — Gonzalez, EJ., Mazzarelli, Andrias, Sweeny and Román, JJ.

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