Henry v. Boyd

Hancock, Jr., J. P. (dissenting).

On this record we would reverse. We agree that the daughter’s marriage would not preclude a determination on a proper showing by Family Court in the exercise of its discretion that, notwithstanding the marriage, her parents should be compelled to reimburse the Department of Social Services for her support under section 415 of the Family Court Act (see Matter of Zehner v Fahey, 66 AD2d 297; Matter of Rankin v Lavine, 50 AD2d 1091, 1092, affd 41 NY2d 911). The majority here, however, hold that despite the absence of proof on such matters as whether the daughter…