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MATTER OF BATTEASE v. WASHINGTON COUNTY SUPPORT COLLECTION UNIT

509693.

92 A.D.3d 1037 (2012)

937 N.Y.S.2d 895

2012 NY Slip Op 868

In the Matter of PHILLIP P. BATTEASE, Appellant, v. WASHINGTON COUNTY SUPPORT COLLECTION UNIT et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 9, 2012.

By order to show cause, petitioner commenced this CPLR article 78 proceeding challenging the legality of an income execution order pertaining to unpaid child support that was placed against his inmate account at respondent Five Points Correctional Facility in Seneca County and issued by respondent Washington County Support Collection Unit (hereinafter the SCU). Respondents moved to dismiss the petition for failure to state a cause of action. Supreme Court granted the motion...

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