Hyperlawhypertext legal database Vermont Department of Social Welfare ex rel. Lynn L.T. v. Louis T.T. 90 A.D.3d 534

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Vermont Department of Social Welfare ex rel. Lynn L.T. v. Louis T.T.

90 A.D.3d 534 Court N.Y. App. Div. Decision date 2011-12-20 English

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p. 534
In the Matter of Vermont Department of Social Welfare on Behalf of Lynn L.T., Respondent, v Louis T.T. Sr., Also Known as Florio V, Appellant.
[934 NYS2d 709]

Respondent’s objection on the ground of improper service is barred by the doctrine of res judicata because he could have raised it in a prior proceeding (see Majid v Commissioner of Social Servs., 24 AD3d 251 [2005], lv denied 7 NY3d 703 [2006]). Moreover, the objection was barred by the doctrine of laches, as respondent waited over 24 years before raising it (see Steiner v Steiner, 204 AD2d 157 [1994]). Concur — Gonzalez, EJ., Mazzarelli, Andrias, Sweeny and Román, JJ.