Matter of Babb v. Darnley, 123 A.D.3d 1028 (N.Y. App. Div. 2014). · Go Syfert
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Matter of Babb v. Darnley, 123 A.D.3d 1028 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Verzhbo v. Grubelich (nyappdiv, 2017-02-08)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Verzhbo v. Grubelich
N.Y. App. Div. · 2017 · confidence medium
Objections to an order of a Support Magistrate must be filed within 35 days after the date on which the order is mailed to the objecting party (see Family Ct Act § 439 [e]; Matter of Ferrante v Bantis, 143 AD3d 984 [2016]; Matter of Kimelfeld v Menczelesz, 137 AD3d 914, 914-915 [2016]; Matter of Babb v Darnley, 123 AD3d 1028, 1029 [2014]).
discussed Cited as authority (rule) Matter of Baby Boy D. (Adanna C.)
N.Y. App. Div. · 2016 · confidence medium
The case planner supervisor assigned to the mother’s case testified at the fact-finding hearing that she spoke with the mother about the prior abuse finding and that the mother stated that “[s]he doesn’t believe that she did anything wrong,” or “that she’d do anything differently.” The mother, who chose not to testify at the fact-finding hearing, failed to rebut ACS’s prima facie case or establish that the condition cannot reasonably be expected to exist currently or in the foreseeable future (see Matter of Dayy an J.L. [Autumn M.], 131 AD3d at 1245 ; Matter of Madison B. [Dani…
discussed Cited as authority (rule) Matter of Ferrante v. Bantis
N.Y. App. Div. · 2016 · confidence medium
Objections to an order of a Support Magistrate must be filed within 35 days after the date on which the order is mailed to the objecting party (see Family Ct Act § 439 [e]; Matter of Kimelfeld v Menczelesz, 137 AD3d 914, 914-915 [2016]; Matter of Babb v Darnley, 123 AD3d 1028, 1029 [2014]; Matter of Heuser v Chavez, 117 AD3d 738, 738 [2014]).
discussed Cited as authority (rule) Matter of DiMaio v. DiMaio
N.Y. App. Div. · 2016 · confidence medium
Objections to an order of a Support Magistrate must be filed within 35 days after the date on which the order is mailed to the objecting party (see Family Ct Act § 439 [e]; Matter of Kimelfeld v Menczelesz, 137 AD3d 914, 914-915 [2016]; Matter of Babb v Darnley, 123 AD3d 1028, 1029 [2014]; Matter of Heuser v Chavez, 117 AD3d 738, 738 [2014]).
discussed Cited as authority (rule) Matter of Kimelfeld v. Menczelesz
N.Y. App. Div. · 2016 · confidence medium
Objections to an order of a Support Magistrate must be filed *915 within 35 days after the date on which the order is mailed to the objecting party (see Family Ct Act § 439 [e]; Matter of Babb v Darnley, 123 AD3d 1028, 1029 [2014]; Matter of Heuser v Chavez, 117 AD3d 738, 738 [2014]; Matter of Xiao-Lan Ma v Washington, 112 AD3d 957, 957-958 [2013]).
discussed Cited as authority (rule) Matter of Odunbaku v. Odunbaku
N.Y. App. Div. · 2015 · confidence medium
In child support proceedings pursuant to Family Court Act article 4, objections to an order of a Support Magistrate must be filed within 35 days after the date on which the order is mailed to the objecting party (see Family Ct Act § 439 [e]; Matter of Babb v Darnley, 123 AD3d 1028, 1029 [2014]; Matter of Heuser v Chavez, 117 AD3d 738, 738 [2014]; Matter of Xiao-Lan Ma v Washington, 112 AD3d 957, 957-958 [2013]; Matter of Bodouva v Bodouva, 53 AD3d 483, 484 [2008]; Matter of Hodges v Hodges, 40 AD3d 639, 639 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of Yonette Babb, Appellant,
v.
Clarence P. Darnley, Respondent
2013-11514.
Appellate Division of the Supreme Court of the State of New York.
Dec 24, 2014.
123 A.D.3d 1028
Eng, Mastro, Miller, Roman.
Cited by 6 opinions  |  Published

Appeal from an order of the Family Court, Queens County (Margaret Parisi McGowan, J.), dated November 20, 2013. The order denied, as untimely, the mother’s objections to an order of that court (Michael J. Fondacaro, S.M.), dated August 30, 2013, which, after a hearing, denied that branch of her petition which sought an upward modification of child support.

Ordered that the order dated November 20, 2013, is affirmed, without costs or disbursements.

[*1029] Objections to an order of a Support Magistrate must be filed within 35 days of the date on which the order is mailed to the objecting party (see Family Ct Act § 439 [e]; Matter of Heuser v Chavez, 117 AD3d 738 [2014]; Matter of Xiao-Lan Ma v Washington, 112 AD3d 957 [2013]; Matter of Bruckstein v Bruckstein, 78 AD3d 694 [2010]; Matter of Herman v Herman, 11 AD3d 536 [2004]). Here, the mother filed her written objections to the Support Magistrate’s order more than 35 days after the order was mailed to her. Accordingly, the Family Court properly denied the mother’s objections as untimely (see Matter of Heuser v Chavez, 117 AD3d 738 [2014]; Matter of Xiao-Lan Ma v Washington, 112 AD3d at 958; Matter of Bruckstein v Bruckstein, 78 AD3d at 695; Matter of Herman v Herman, 11 AD3d at 536).

Eng, P.J., Mastro, Roman and Miller, JJ., concur.