IN RE: Commissioner of Department of Social Services of the City of New York (2012)

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

IN RE: Commissioner of Department of Social Services of the City of New York, etc., Petitioner–Respondent, v. Charles B., Respondent–Appellant.

6092

Decided: January 10, 2012

Mazzarelli, J.P., Sweeny, Moskowitz, Acosta, Abdus–Salaam, JJ.

Charles B., appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for respondent.

Order, Family Court, New York County (Susan B. Larabee, J.), entered on or about November 10, 2010, which denied respondent father's objection to the Support Magistrate's order denying his application to reduce his child support arrears owed to the Department of Social Services that accrued during the period of his incarceration, unanimously affirmed, without costs.

The Family Court properly denied the application. Family Court Act § 451(1) provides that a “modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section.” Respondent's reliance on Matter of Blake v. Syck (230 A.D.2d 596, 599 [1997], lv denied 90 N.Y.2d 811 [1997] ) is misplaced, as in that case the father's income never exceeded the poverty income guidelines, and accordingly the child support arrears could not exceed $500 (see Family Ct Act § 413[1][g]; see also Matter of Commr. of Social Servs. v Campos, 291 A.D.2d 203 [2002] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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