Legal Opinion

The Matter of Ganiyu Adebola v. Diana Odunbaku

New York Court of Appeals

Decided November 17, 2016No. 183PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Fahey, J.

We apply our precedent in Matter of Bianca v Frank (43 NY2d 168 [1977]) to Family Court Act § 439 (e) and hold that if a party is represented by counsel, the time requirements set out in the statute for objections to a support magistrate’s final order, when the order is served by mail, do not begin to run until the order is mailed to counsel.

Diana Odunbaku (the mother) retained Staten Island Legal Services to represent her in her efforts to obtain child support from Ganiyu Adebola Odunbaku (the father), with whom she had a son. Through counsel, who represented her…

2Cases cited5 opinions

  1. Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
  2. Orinoco Realty Co. v. . BandlerNew York Court of Appeals · 1922
  3. Bianca v. FrankNew York Court of Appeals · 1977
  4. Case v. Monroe Community CollegeNew York Court of Appeals · 1997
  5. Matter of Odunbaku v. OdunbakuAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by7 opinions

  1. Kelly v. DiNapoliCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Syeed v. Bloomberg L.P.Court of Appeals for the Second Circuit · 2023
  3. Matter of Munroe v. PonteAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. DondorferNew York Court of Appeals · 2026
  5. Matter of Tuerk (Adelchi Inc.--Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2020

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