ONEIDA COUNTY COMMISSIONER OF SOCIAL SERVICES SHELLEY v. WILLIAM (1997)

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

Matter of ONEIDA COUNTY COMMISSIONER OF SOCIAL SERVICES, o/b/o SHELLEY E. S., Respondent, v. WILLIAM S., Appellant.

Decided: May 30, 1997

Before GREEN, J.P., and PINE, LAWTON, CALLAHAN and FALLON, JJ.

Peter F. Hedglon, Oneida, for Appellant. Oneida County DSS by Richard Abend, Utica, for Respondent.

Family Court properly directed respondent to contribute to the support of his minor daughter. The daughter moved out of respondent's two-room efficiency apartment after the birth of her child and began receiving public assistance benefits. Respondent acknowledged that his living quarters were too small to accommodate his daughter and the baby. Under the circumstances, the legal obligation of respondent to support his 19-year-old daughter continued after she left his home (see, 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; see also, Matter of Monroe County Dept. of Social Servs. [San Filippo] v. San Filippo, 178 A.D.2d 1011, 1012, 578 N.Y.S.2d 766; Matter of Sanders v. Lavine, 59 A.D.2d 911, 399 N.Y.S.2d 142).

Order unanimously affirmed without costs.

MEMORANDUM:

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