OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES NELSON v. HIBBERT (2001)

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

Matter of OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, o/b/o Maribeth H. Hibbert NELSON, Petitioner-Respondent, v. Joan S. HIBBERT and Richard J. Hibbert, Respondents-Appellants.

Decided: June 08, 2001

PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, SCUDDER and LAWTON, JJ.

Timothy J. Fennell, for respondents-appellants. Kathryn G. Wolfe, for petitioner-respondent.

Family Court erred in denying respondents' objections to the order of the Hearing Examiner granting the petitions seeking support from respondents for their 18-year-old daughter. The daughter left home, had a baby and is now married and living with her husband. Contrary to the determination of the Hearing Examiner, the credible evidence establishes that the daughter moved out without cause and without respondents' assistance. She then married without respondents' consent. Thus, the daughter has demonstrated by her actions that she is emancipated and no longer subject to parental control (see, Matter of Parker v. Stage, 43 N.Y.2d 128, 400 N.Y.S.2d 794, 371 N.E.2d 513; cf., 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).

Order unanimously reversed on the law with costs, objections granted, order of Hearing Examiner vacated and petitions dismissed.

MEMORANDUM:

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