Court of Appeals reverses Second Department: Matter of Odunbaku v Odunbaku,
https://www.nycourts.gov/reporter/3dseries/2016/2016_07705.htm
"We apply our precedent in Matter of Bianca v Frank (43 NY2d 168 [1977]) to Family Court Act § 439 (e) and hold that if a party is represented by counsel, the time requirements set out in the statute for objections to a support magistrate's final order, when the order is served by mail, do not begin to run until the order is mailed to counsel.
...Notably, mailing court orders to the parties without also mailing the orders to their attorneys impairs effective access to justice on the part of vulnerable individuals and undermines their representation. Indeed, the practice deprives the party of some of the principal benefits of being represented by an attorney.We hold, therefore, pursuant to Bianca, that if a party is represented by counsel, the 35-day time requirement set out in Family Court Act § 439 (e) does not begin to run until the final order is mailed to counsel."
By Lee Rosenberg | Published November 22, 2016 | Posted in Blog: Divorce New York Style
...Notably, mailing court orders to the parties without also mailing the orders to their attorneys impairs effective access to justice on the part of vulnerable individuals and undermines their representation. Indeed, the practice deprives the party of some of the principal benefits of being represented by an attorney.We hold, therefore, pursuant to Bianca, that if a party is represented by counsel, the 35-day time requirement set out in Family Court Act § 439 (e) does not begin to run until the final order is mailed to counsel."
Rosenberg Family Law PC is located in the New York Metropolitan area serving Long Island, the City of New York and Statewide.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ]
See our profiles at Lawyers.com and Martindale.com
Martindale-Hubbell and martindale.com are registered trademarks; AV, BV, AV Preeminent and BV Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC, used under license. Other products and services may be trademarks or registered trademarks of their respective companies. Copyright © 2024 MH Sub I, LLC. All rights reserved.