Department of Social Services v. Burton H.

OPINION OF THE COURT

Joan S. Kohout, J.

This matter was commenced by the Monroe County Depart*401ment of Social Services pursuant to Family Court Act § 234. In its petition the Department of Social Services seeks reimbursement from the respondents for the cost of out-of-home placement for their son Gary Z. The action was commenced by an order to show cause which was signed by Hearing Examiner Roy H. Lockwood on February 14, 1991.

The respondents now move this court for a dismissal of the action based upon their claim that Hearing Examiner Lockwood was without authority to sign the order to show…