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Matter of Davidson v. Wilner

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 563 (N.Y. App. Div. 1995)

Opinion

April 3, 1995

Appeal from the Family Court, Westchester County (Braslow, J., Edlitz, H.E.).


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

Family Court Act § 439 (e), provides, in relevant part, that an aggrieved party may submit to a Family Court Judge specific written objections to the final order of the Hearing Examiner within 30 days after entry of the order and that the final order of a Hearing Examiner, after the objections have been reviewed by a Judge, may be appealed (Family Ct Act § 439 [e]).

The appellant failed to timely submit specific, written objections to the Hearing Examiner's final order of support, albeit she was advised of her legal rights by the Hearing Examiner and had 25 days from the receipt of the final order of support to prepare specific, written objections. Having failed to timely exhaust the Family Court procedure for review of her objections to the Hearing Examiner's final order, the appellant has waived her right to appellate review of those objections (see, Matter of Werner v Werner, 130 A.D.2d 754; Matter of Zunino v Mahoney, 204 A.D.2d 469). Miller, J.P., O'Brien, Krausman and Florio, JJ., concur.


Summaries of

Matter of Davidson v. Wilner

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 563 (N.Y. App. Div. 1995)
Case details for

Matter of Davidson v. Wilner

Case Details

Full title:In the Matter of ELIZABETH W. DAVIDSON, Appellant, v. SOL M. WILNER…

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

Date published: Apr 3, 1995

Citations

214 A.D.2d 563 (N.Y. App. Div. 1995)
625 N.Y.S.2d 917

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