MTR OF KIRCHNER (FG) v. EH

DEBRA J. KIEDAISCH, J. The father objects to the decision and order of the Hearing Examiner, dated September 25, 2002, and entered on the father's alleged default at a hearing held on August 9, 2002, which order directed the father to pay child support in the amount of $25 per month for E., the child of the father and forwarded to the Family Court by DSS where they were date stamped as received on October 24, 2002. Therefore, it is amply demonstrated DSS has sufficient notice of the father's objections. DSS has not submitted any rebuttal to the objections. As noted, the father is currently an inmate at Washington Correctional Facility, located at 72 Lock 11 Lane, Comstock, New York. It is noted that telephonic hearings involving physically unavailable parties are conducted in the Family Court as a matter of routine in connection with Uniform Interstate Family Support Act proceedings. There is also a procedure adopted by the New York State Department of Correctional Services for conducting telephonic hearings, involving inmates, in New York State correctional facilities. Accordingly, based on all of the foregoing, it is ordered that the instant objections are granted to the extent the Hearing Examiner's order, dated September 25, 2002, is vacated; and it is further ordered that the instant proceeding is remanded to the Hearing Examiner for a telephonic hearing de novo on the instant support petition filed on behalf of the mother to be held as soon as practicable with respondent father to be provided access to a telephone and facsimile machine at such correctional facility in which he is incarcerated (currently, Washington Correctional Facility) consistent with the practice of such facility; and it is further ordered that petitioner and petitioner's counsel shall participate in the hearing from the offices of the Hearing Examiner, Family Court, Orange County; and it is further ordered that the Chief Clerk of the Family Court, Orange County, shall forthwith contact the Inmate Records Officer of Washington Correctional Facility, namely, Lorraine Hunt (telephone number [518] 639-4486, extension 4100), in order to effectuate such telephonic hearing in a manner consistent with this order; and it is further ordered that such documents, including financial disclosure statements and otherwise, as are needed to facilitate the proper conducting of such hearing shall be timely furnished by said Chief Clerk to the parties.