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In the Matter of Lane v. Lane

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 486 (N.Y. App. Div. 2004)

Opinion

2003-02724.

Decided June 14, 2004.

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Klein, J.), dated February 20, 2003, which denied his objections to an order of the same court (Hochberg, H.E.), dated November 8, 2002, which, after a hearing, dismissed his petition for a downward modification of his child support obligation.

Don W. Lane, Atlanta, Ga., appellant pro se.

Before: HOWARD MILLER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT A. SPOLZINO, JJ.


DECISION ORDER

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

Family Court Act § 439(e) provides, in pertinent part, that "[a] party filing objections shall serve a copy of such objections upon the opposing party," and that "[p]roof of service upon the opposing party shall be filed with the court at the time of filing of objections and any rebuttal." By failing to file proof of service of a copy of his objections on the mother, the father failed to fulfill a condition precedent to filing timely written objections to the hearing examiner's order ( see Matter of Happich v. Happich, 285 A.D.2d 509; Matter of Mayeri v. Mayeri, 279 A.D.2d 473, 474; Matter of Rinaldi v. Rinaldi, 239 A.D.2d 506, 507; Matter of Star v. Frazer, 232 A.D.2d 570, 571; Matter of Fokine v. Prisciantelli, 208 A.D.2d 534; see also Matter of Chambers v. Chambers, 305 A.D.2d 672, 673).

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.


Summaries of

In the Matter of Lane v. Lane

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 486 (N.Y. App. Div. 2004)
Case details for

In the Matter of Lane v. Lane

Case Details

Full title:IN THE MATTER OF DON W. LANE, appellant, v. MARGARET LANE, respondent…

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

Date published: Jun 14, 2004

Citations

8 A.D.3d 486 (N.Y. App. Div. 2004)
778 N.Y.S.2d 288

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