New York, State Department of Social Services ex rel. Jackson v. Jackson

DANAHY, Judge.

The appellant challenges an order dismissing its URESA petition seeking reimbursement of public assistance paid by the State of New York for the benefit of the minor child of Gloria Jackson. We reverse.

Although the order of dismissal does not reflect the grounds for the dismissal, it appears that the trial court felt this proceeding was barred by res judicata based on a prior proceeding in the same court in which the appellee was required to pay reimbursement of public assistance to the State of Florida in the sum of $1,432.

Res judicata does not apply unless there is an identity…