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In the Matter of MARCIA KNOTTS, Respondent, v. THOMAS VEZINA, Appellant.

Ordered that the order is affirmed, with costs.

The appellant's argument that the petition should have been dismissed on the grounds of laches, waiver, or estoppel because the petitioner did not bring this proceeding until some 13 years after he defaulted on his child support obligations is not properly before this Court, as it is dependant on the resolution of factual issues and thus may not be raised for the first time on appeal. In any event, this claim is without merit ( see, Matter of Dox v. Tynon, 90 N.Y.2d 166, 168).

The appellant's remaining objections were properly denied.

The Hearing Examiner properly awarded interest on the amounts due ( see, Domestic Relations Law § 244).

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.

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MATTER OF KNOTTS v. VEZINA
(Feb 17, 1998)