Opinion
April 1, 1985
Appeal from the Family Court, Suffolk County (Dunn, J.).
Order reversed, in the exercise of discretion, with costs, petition reinstated, and petitioner is hereby directed to serve upon respondent's counsel and file with the Family Court, Suffolk County, her sworn answers to respondent's interrogatories within 30 days after service upon her of a copy of the order to be made hereon with notice of entry.
Based upon a review of the record, we conclude that the Family Court erred in dismissing the petition due to petitioner's failure to answer interrogatories within the time period provided for. The best interest of the children, which is of paramount concern in support proceedings, can only be served by permitting petitioner additional time within which to file her sworn answers. Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.