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In the Matter of COMMISSIONER OF SOCIAL SERVICES, as Assignee, on Behalf of BRANDY ALBERTSON, Appellant, v. VALERIE ALBERTSON, Respondent. (Proceeding No. 1.) In the Matter of COMMISSIONER OF SOCIAL SERVICES, as Assignee, on Behalf of BRANDY ALBERTSON, Appellant,

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

Family Court Act § 439 (d) provides that the rules of evidence shall be applicable in support proceedings held before Hearing Examiners. Furthermore, the Uniform Rules for Trial Courts ( 22 NYCRR 205.35), provides that the Hearing Examiner shall conduct a support hearing "in the same manner as a court trying an issue without a jury in conformance with the procedures set forth in the [CPLR]". In the instant support proceedings, the appellant did not present any sworn testimony or formally introduce any evidence to establish that the respondents owed an obligation to support the subject child as alleged in the support petitions. Accordingly, the Family Court properly dismissed the petitions ( see, Family Ct Act § 439 [e] [ii]).

In light of the above determination, we need not reach the appellant's remaining contentions.

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IN RE COMM. OF SOCIAL SERV. v. ALBERTSON
(Nov 18, 1996)