MAJID v. COMMISSIONER OF SOCIAL SERVICES (2005)

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

Said MAJID, Petitioner-Appellant, v. COMMISSIONER OF SOCIAL SERVICES, Respondent-Respondent.

Decided: December 15, 2005

TOM, J.P., MARLOW, WILLIAMS, GONZALEZ, MALONE, JJ.

Said Majid, appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Cheryl Payer of counsel), for respondent.

Order, Family Court, New York County (Sara P. Schechter, J.), entered on or about December 23, 2004, which denied petitioner's objection to the Support Magistrate's order dismissing with prejudice his petition to adjust arrears, unanimously affirmed, without costs.

In a prior proceeding, this Court held that respondent could collect post judgment interest on a judgment against petitioner for arrears of child support (Majid v. Commissioner of Social Servs., 244 A.D.2d 187, 664 N.Y.S.2d 11 [1997] ). Accordingly, petitioner's resurrected claim to the contrary is barred by res judicata (see Matter of Hunter, 4 N.Y.3d 260, 269, 794 N.Y.S.2d 286, 827 N.E.2d 269 [2005] ). Petitioner's new claim that the judgment is invalid because it was docketed in the wrong county could have been raised in the prior proceeding and is therefore also barred by res judicata (see id.).

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