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IN THE MATTER OF VICTORIA LAFAYETTE, respondent, v. OWEN McPHERSON, appellant.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

At a time when the mother was receiving public assistance, an order of filiation was entered against the father, which directed him to pay child support. After the mother ceased receiving public assistance, she commenced this proceeding. Following a de novo hearing, the father was ordered to pay increased child support. We affirm.

Contrary to the father's contention, the mother was entitled to a de novo hearing on the amount of support to which she was entitled and was not relegated to seeking a modification of the prior support order (see Family Ct Act § 571[b]; Matter of Burke v. Palermo, 190 A.D.2d 1075, 1076).

The father's remaining contentions are either not properly before this court or without merit.

RITTER, J.P., FRIEDMANN, LUCIANO and H. MILLER, JJ., concur.

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IN THE MATTER OF LAFAYETTE v. McPHERSON
(Dec 16, 2002)