Oswego County Department of Social Services v. Duane E.

—Order unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Petitioner, Oswego County Department of Social Services (DSS), commenced this paternity proceeding as subrogee of the child’s mother despite the fact that a previous paternity proceeding involving the same child and putative father, brought by a social services agency of another State pursuant to the Uniform Support of Dependents Act (USDA), had been dismissed on the merits. Family Court erred in denying respondent’s motion to dismiss this proceeding as barred by res judicata.

In 1994 the…