Kevin C. v. Claudia C.

Petitioner sought to modify a prior order providing the parties with joint legal and physical custody of their two children. By order entered November 17, 2009, Family Court granted the application by awarding petitioner sole legal and physical custody, with visitation to respondent. As reflected in a letter from the attorney for the children, as well as an affidavit of service, that attorney mailed the order to each parent’s counsel on November 19, 2009. Respondent filed and served a notice of appeal on January 4, 2010.

We now dismiss the appeal as untimely. As relevant here, “[a]n appeal . .…