Legal Opinion

Da Via v. St. Denis

New York City Family Court

Decided November 20, 1980PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Edward J. McLaughlin, J.

Due process considerations take precedence over mere administrative convenience. The court may not entertain a petition to modify an existing support order by termination simply to accommodate the administrative needs of the support collection unit. Both of the original parties to the support order are entitled to notice and an opportunity to be heard.

Nor will the court fritter away scarce judicial resources by making redundant orders to satisfy administrative needs.1 (See Entwistle v Entwistle, 61 AD2d 380; Barr, *751Separate But Subservient: Court…

2Cases cited6 opinions

  1. Entwistle v. EntwistleAppellate Division of the Supreme Court of the State of New York · 1978
  2. Borkowski v. BorkowskiAppellate Division of the Supreme Court of the State of New York · 1972
  3. Mouscardy v. MouscardyAppellate Division of the Supreme Court of the State of New York · 1978
  4. Fish v. HornNew York Court of Appeals · 1964
  5. Walker v. BuscagliaAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by1 opinion

  1. Brooks v. WillieNew York Family Court · 1983

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