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Matter of Corcoran v. Stuart

Appellate Division of the Supreme Court of New York, First Department
May 30, 1995
215 A.D.2d 340 (N.Y. App. Div. 1995)

Opinion

May 30, 1995

Appeal from the Family Court, New York County (Ruth Jane Zuckerman, J.).


In this matter the Hearing Examiner's decision and order was entered on June 25, 1993 and not transmitted to this pro se petitioner until July 12, 1993. Thereafter, the petitioner was apparently misinformed with respect to the time period in which she was required to submit her objections. Under these circumstances we decline to strictly impose the filing deadlines of Family Court Act § 439 (e) (Obremski v Dietrich, 208 A.D.2d 474; see also, Matter of Canfield v Canfield, 185 A.D.2d 611). Therefore, we find that the Family Court should not have denied petitioner's objections as untimely (see also, Matter of Geary v Breen, 210 A.D.2d 975), and should have considered this petitioner's objections on the merits.

Concur — Ellerin, J.P., Wallach, Kupferman, Ross and Mazzarelli, JJ.


Summaries of

Matter of Corcoran v. Stuart

Appellate Division of the Supreme Court of New York, First Department
May 30, 1995
215 A.D.2d 340 (N.Y. App. Div. 1995)
Case details for

Matter of Corcoran v. Stuart

Case Details

Full title:In the Matter of MARY ELLEN CORCORAN, Appellant, v. DONALD K. STUART…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 30, 1995

Citations

215 A.D.2d 340 (N.Y. App. Div. 1995)
627 N.Y.S.2d 356

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