Legal Opinion

DiFede v. DiFede

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 2012PublishedCited by 2 opinions

1Opinion of the Court

The issues raised by the father on this appeal are not reviewable. The Family Court properly denied the father’s objections on the ground that he failed to file proof of service of a copy of the objections on the mother. 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…

2Cases cited4 opinions

  1. Davidson v. WilnerAppellate Division of the Supreme Court of the State of New York · 1995
  2. Semenova v. SemenovAppellate Division of the Supreme Court of the State of New York · 2011
  3. Hidary v. HidaryAppellate Division of the Supreme Court of the State of New York · 2010
  4. Lusardi v. GiovinazziAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. Hamilton v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2013
  2. Hamilton v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2013

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