Said Majid v Commissioner of Social Services

Majid v Commissioner of Social Servs. 2005 NY Slip Op 09651 [24 AD3d 251] December 15, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

Said Majid, Appellant,
v
Commissioner of Social Services, Respondent.

—[*1]

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 postjudgment interest on a judgment against petitioner for arrears of child support (Majid v Commissioner of Social Servs., 244 AD2d 187 [1997]). Accordingly, petitioner's resurrected claim to the contrary is barred by res judicata (see Matter of Hunter, 4 NY3d 260, 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.). Concur—Tom, J.P., Marlow, Williams, Gonzalez and Malone, JJ.