Commissioner of Social Services of Franklin County v. Bernard B.

Appeal from an order of the Family Court of Franklin County (Main, Jr., J.), entered September 22, 1993, which dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 4, to direct respondent to pay medical expenses incurred by the birth of his son.

Petitioner contends that Family Court erred in refusing to order respondent, an unwed father, to repay the birth expenses of the child’s mother that were originally covered by Medicaid, because he was unable to pay those expenses when they were incurred. Petitioner concedes that respondent was living in the mother’s…