Commissioner of Social Services of Franklin County ex rel. Lisa U. v. Steven V.

OPINION OF THE COURT

Yesawich Jr., J.

Respondent is the father of a child born out of wedlock in 1989. At the time, both respondent and the child’s mother, who were living together, were eligible for and receiving Medicaid assistance, and the expenses of childbirth were paid by Medicaid. Family Court dismissed the instant proceeding, initiated by petitioner to recover from respondent the amounts paid on behalf of the mother and child, and petitioner appeals.

Respondent, as a responsible relative of his child, is liable pursuant to Social Services Law § 366 (3) (a), for that portion of the birth…