Matter of Jenkins v McKinney
2005 NY Slip Op 06512 [21 AD3d 558]
August 22, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 12, 2005


In the Matter of Russell Jenkins, Appellant,
v
Denise McKinney, Respondent.

[*1]

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Queens County (Richardson, J.), dated October 25, 2004, which denied his objections to an order of the same court (Borofsky, S.M.), dated September 21, 2004, which, after a hearing, dismissed his petition, without prejudice, for failure to state a cause of action.

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

The Family Court properly denied the father's objection to the order of the Support Magistrate. Contrary to the father's contention, a court cannot reduce or annul child support arrears accrued before the making of an application to modify child support (see Family Ct Act § 451; Miller v Miller, 308 AD2d 541 [2003]; O'Connor v Curcio, 281 AD2d 100, 102 [2001]; Howfield v Howfield, 250 AD2d 573 [1998]; Matter of McCaffrey v McCaffrey, 134 AD2d 430, 431 [1987]). Cozier, J.P., S. Miller, Mastro and Rivera, JJ., concur.