Joseph M. Kelly & Associates (
Sujata Lal of counsel), for petitioner.
Fortuna S. Habib for respondent.
OPINION OF THE COURT
MICHAEL L. HANUSZCZAK, J. The petitioner, the Commissioner of Social Services, objects to the fact-finding and order of disposition of the support magistrate (formerly known as the hearing examiner), filed and entered on February 18, 2003. An affidavit of service has been filed with the court, indicating proper service of the objection on the respondent's attorney on March 25, 2003. A rebuttal to judgment of the support magistrate is affirmed to the extent that the respondent is adjudged in violation of the order of support, but modified to the extent that judgment is given to the Onondaga County Department of Social Services in the amount of $9,558.92. The order (entry money judgment), filed and entered on February 18, 2003, is hereby vacated. The court remands the matter to the support magistrate for modification of the prior order and entry of an order for money judgment in accordance with this decision.