On April 05, 2024 a
Motion-Secondary
was filed
involving a dispute between
In The Matter Of The Application Of Ben Gadsden,
and
Katherine Jansen
, Respondent-Indispensable Party,
New York City Department Of Social Services, Office Of Child Support Services,
for Special Proceedings - CPLR Article 78
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2024
At an IAS Part of the Supreme Court
of the State of New York at the Courthouse
located at 88-11 Sutphin Boulevard,
Jamaica, New York 11435 on the
day of April, 2024.
'
PRESENT:
HON.
J.S.C.
____________________________________________________________Ç
In the Matter of the Application of BEN GADSDEN
INDEX NO.
Petitioner, 7 o 7 3 O9
ORDER TO SHOW CAUSE
-against-
NEW YORK CITY DEPARTMENT OF
SOCIAL SERVICES, OFFICE OF
CHILD SUPPORT SERVICES
Respondent
AND
KATHERINE JANSEN
Respondent/Indispensable Party
For a judgment pursuant to ARTICLE 78 of the
Civil Practice Laws and Rules
______________________________-_________------------
FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2024
Upon the annexed affidavit of BEN GADSDEN duly sworn
to on the 27th day of March, 2024 and the affirmations of
STEPHEN FINK, Esq. duly affirmed to the 27th day of March
2024,
LET THE RESPONDENT NEW YORK CITY
DEPARTMENT OF SOCIAL SERVICES, OFFICE OF
CHILD SUPPORT SERVICES
Show Cause at an IAS Part of this Court to be held in and
for the County of Queens at the Courthouse located at 88-11
Sutphin Boulevard, Jamaica, New York 11435 on the day
of 2024 at 9:30 in the moming or as soon thereafter as
counsel may be heard for an order
1. Vacating the determination of child support, child support
arrears as per the last determination of the Respondent
dated on or about January 1, 2024 and annexed
as an exhibit,
2. Refunding to the Petitioner
any overpayment of child
support based upon the error of the Respondent and the
possible fraudulent actions of the Respondent KATHERINE
JANSEN
3. Such other and further relief as to this Court seems just and
proper.
PENDING THE HEARING AND DETERMINATION
OF THIS PROCEEDING collection of child support
from the Petitioner is stayed.
FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2024
SUFFICIENT reason appearing therefor let a copy of this
Order to Show Cause and the papers upon which it is granted
be deemed good and sufficient if served upon the
RESPONDENT on or before the day of April, 2024
ENTER
J.S.C.
Document Filed Date
April 05, 2024
Case Filing Date
April 05, 2024
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2024 At an IAS Part of the Supreme Court of the State of New York at the Courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on the day of April, 2024. ' PRESENT: HON. J.S.C. ____________________________________________________________Ç In the Matter of the Application of BEN GADSDEN INDEX NO. Petitioner, 7 o 7 3 O9 ORDER TO SHOW CAUSE -against- NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, OFFICE OF CHILD SUPPORT SERVICES Respondent AND KATHERINE JANSEN Respondent/Indispensable Party For a judgment pursuant to ARTICLE 78 of the Civil Practice Laws and Rules ______________________________-_________------------ FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2024 Upon the annexed affidavit of BEN GADSDEN duly sworn to on the 27th day of March, 2024 and the affirmations of STEPHEN FINK, Esq. duly affirmed to the 27th day of March 2024, LET THE RESPONDENT NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, OFFICE OF CHILD SUPPORT SERVICES Show Cause at an IAS Part of this Court to be held in and for the County of Queens at the Courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on the day of 2024 at 9:30 in the moming or as soon thereafter as counsel may be heard for an order 1. Vacating the determination of child support, child support arrears as per the last determination of the Respondent dated on or about January 1, 2024 and annexed as an exhibit, 2. Refunding to the Petitioner any overpayment of child support based upon the error of the Respondent and the possible fraudulent actions of the Respondent KATHERINE JANSEN 3. Such other and further relief as to this Court seems just and proper. PENDING THE HEARING AND DETERMINATION OF THIS PROCEEDING collection of child support from the Petitioner is stayed. FILED: QUEENS COUNTY CLERK 04/05/2024 12:42 PM INDEX NO. 707309/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/05/2024 SUFFICIENT reason appearing therefor let a copy of this Order to Show Cause and the papers upon which it is granted be deemed good and sufficient if served upon the RESPONDENT on or before the day of April, 2024 ENTER J.S.C.