Monroe County Department of Social Services v. Bennett

— Order unanimously reversed on the law without costs and matter remitted to Monroe County Family Court for further proceedings, in accordance with the following Memorandum: Petitioner provides public assistance in the form of aid to dependent children to Martha Carpenter, the custodial parent of Kellie Bennett. Petitioner instituted this proceeding seeking an upward modification of an order directing respondent father to pay child support in the sum of $25 per week. Although Carpenter was unemployed and the parent of another child less than one year old, the Hearing Examiner determined that…