General
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
90 A.D.3d 534934 N.Y.S.2d 709·New York Supreme Court, Appellate Division·2011·NY
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Opinion
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]
[MAJORITY]
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.