Matter of Vermont Dept. of Social Welfare v Louis T. T.

Matter of Matter of Vermont Dept. of Social Welfare v Louis T. T. 2011 NY Slip Op 09169 Decided on December 20, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
Gonzalez, P.J., Mazzarelli, Andrias, Sweeny, Román, JJ.
6376

[*1]In re Vermont Department of Social Welfare on behalf of Lynn L.T., Petitioner-Respondent,

v

Louis T. T. Sr., also known as Florio ., Respondent-Appellant.




Florio V., appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Larry A.
Sonnenshein of counsel), for respondent.

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about January 14, 2010, which denied respondent's objection to an order, same court (Debra Schiraldi Stein, Support Magistrate), entered on or about April 21, 2010, denying his motion to vacate an order of child support, same court (Elrich Eastman, J.), entered on or about December 3, 1985, unanimously affirmed, without costs.

Respondent's objection on the ground of improper service is barred by the doctrine of res judicata because he could have raised it in a prior proceeding (see Majid v Commissioner of Social Servs., 24 AD3d 251 [2005], lv denied 7 NY3d 703 [2006]).
Moreover, the objection was barred by the doctrine of laches, as respondent waited over 24 years before raising it (see Steiner v Steiner, 204 AD2d 157 [1994]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 20, 2011

CLERK