Burke v. Palermo

— Order unanimously reversed on the law without costs and petition reinstated. Memorandum: Fam*1076ily Court erred by affirming the order of a Hearing Examiner that dismissed petitioner’s support petition with prejudice. Once petitioner stopped receiving public assistance, she was entitled to institute a support proceeding and to receive a de novo hearing on the amount of support to which she was entitled at that time (Family Ct Act § 571 [3] [b]). Petitioner should not have been relegated to bringing a petition to modify a prior support order obtained by the Department of Social Services, because…