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MATTER OF COMMISSIONER OF SOCIAL SERVICES v. BAYONA

279 A.D.2d 305 (2001)

718 N.Y.S.2d 831

In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of ELIZABETH ANDUJAR, Appellant, v. WASHINGTON BAYONA, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 11, 2001.

Under the circumstances presented, the Hearing Examiner erred in suspending respondent's support obligation. We note, in this regard, that respondent's financial hardship is solely the result of his purposeful and wrongful conduct culminating in his felony conviction and incarceration (see, Matter of Knights v Knights, 71 N.Y.2d 865) and the record fails to contain a basis for concluding...

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