Oneida County Department of Social Services ex rel. Hurd v. Hurd

OPINION OF THE COURT

SCUDDER, J.

On this appeal, we are asked to determine whether Family Court erred in determining that respondent’s objections to the order of the Hearing Examiner were not timely filed and thus whether the court erred in dismissing the objections on that ground. We conclude that petitioner’s failure to serve a copy of the Hearing Examiner’s order by mail upon respondent’s attorney, as directed in the order itself and as required by CPLR 2103 (b), requires reversal. We further conclude that reversal is required on the additional ground that the record does not establish…