You are here: / / Family Court Cannot Review Support Magistrate’s Order in Absence of Specific O...

Family Court Cannot Review Support Magistrate’s Order in Absence of Specific Objection

In reversing Family Court, the Third Department explained that Family Court does not have the authority to review those portions of a Support Magistrate’s order to which no specific objection his been made:

It is well established that “an order from a Support Magistrate is final and  Family Court’s review under Family Ct Act § 439 (e) is tantamount to appellate review and requires  specific  objections  for  issues  to  be  preserved”  ….  Family Court therefore lacked the authority to review the  order  dismissing  the  mother’s  first modification  petition,  to which no  objections had  been  filed… .  Matter of Hubbard v Barber. 515420, 3rd Dept 6-27-13

 

You might also like
MATTER REMITTED FOR FINDINGS CONCERNING WHETHER NEW YORK IS THE MORE APPROPRIATE OR CONVENIENT FORUM FOR THE CUSTODY PROCEEDINGS, CUSTODY PROCEEDINGS WERE PENDING IN A MISSISSIPPI COURT (THIRD DEPT).
New Factual Claim Made for the First Time at Trial by Defendant Triggered “Inconsistent Statements” Jury Charge; Prior Injuries to Child Admissible under Molineux
Service Requirements of Business Corporation Law Trumped CPLR
DESPITE RULING THAT NO EVIDENCE OF DEFENDANT’S REQUESTS TO TALK TO COUNSEL COULD BE PRESENTED, TWO TESTIFYING WITNESSES VIOLATED THAT RULING, BECAUSE THAT EVIDENCE CONFLICTED WITH THE DEFENSE STRATEGY A MISTRIAL SHOULD HAVE BEEN DECLARED, NEW TRIAL ORDERED (THIRD DEPT).
FAMILY COURT SHOULD HAVE HELD A HEARING TO DETERMINE WHETHER THE CHILDREN SHOULD RECEIVE COVID VACCINATIONS; THE CHILDREN AND THEIR FATHER ALLEGEDLY WANTED THE VACCINE, MOTHER OBJECTED (THIRD DEPT).
CLAIMANT ENROLLED IN A BARBER TRAINING PROGRAM AFTER HIS REGULAR UNEMPLOYMENT BENEFITS HAD RUN OUT, HE WAS NOT ENTITLED TO ADDITIONAL BENEFITS (THIRD DEPT).
FATHER’S VISITATION SHOULD NOT HAVE BEEN SUBJECT TO MOTHER’S CONSENT; ATTORNEY FOR THE CHILD SHOULD NOT HAVE REFERRED TO EVIDENCE TAKEN IN THE LINCOLN HEARING IN THE APPELLATE BRIEF; THE HEARING TRANSCRIPTS ARE SEALED AND CONFIDENTIAL (THIRD DEPT). ​
PETITIONER LACKED STANDING TO CONTEST BAN ON FRACKING.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Denial of Request to Take Child’s Testimony Outside Parents’ Presence Was... Absence of Complete Financial Disclosure Did Not Preclude Family Court from...