Matter of Vermont Dept. of Social Welfare v Louis T.T., 2011 NY Slip Op 09169 [90 AD3d 534]

Dcmbr 20, 2011

Appellate Division, First Department

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Florio V., appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York (Larry A. Sonnenshein of counsel), for respondent.

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about January 14, 2010, which denied respondent’s objection to an order, same court (Debra Schiraldi Stein, S.M.), entered on or about April 21, 2010, denying his motion to vacate an order of child support, same court (Elrich Eastman, J.), entered on or about December 3, 1985, unanimously affirmed, without costs.

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, P.J., Mazzarelli, Andrias, Sweeny and Rom�n, JJ..