Barbosa v. Ventura

Appellate Division of the Supreme Court of New York

Barbosa v. Ventura

69 A.D.3d 710, 891 N.Y.2d 665

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

DecidedJanuary 12, 2010

StatusPublished

Cited by1 cases

This text of 69 A.D.3d 710 (Barbosa v. Ventura) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barbosa v. Ventura, 69 A.D.3d 710, 891 N.Y.2d 665 (N.Y. Ct. App. 2010).

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Opinion

[711]*711The Family Court improperly, in effect, dismissed the father’s objections to the order dismissing his petition on the ground that neither party appeared at the hearing before the Support Magistrate on September 11, 2008. The Family Court should have considered the father’s objections on the merits, since the record evinces that both parties appeared before the Support Magistrate (Weir-Reeves, S.M.), on September 11, 2008, and that the Support Magistrate dismissed the father’s petition on the merits. Accordingly, we reverse the order appealed from and remit the matter to the Family Court, Kings County, for consideration and determination of the father’s objections on the merits (see Matter of Telfer v Telfer, 44 AD3d 780 [2007]; Matter of Etuk v Etuk, 300 AD2d 483 [2002]). Rivera, J.P., Dillon, Miller and Roman, JJ., concur.

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[711]*711The Family Court improperly, in effect, dismissed the father’s objections to the order dismissing his petition on the ground that neither party appeared at the hearing before the Support Magistrate on September 11, 2008. The Family Court should have considered the father’s objections on the merits, since the record evinces that both parties appeared before the Support Magistrate (Weir-Reeves, S.M.), on September 11, 2008, and that the Support Magistrate dismissed the father’s petition on the merits. Accordingly, we reverse the order appealed from and remit the matter to the Family Court, Kings County, for consideration and determination of the father’s objections on the merits (see Matter of Telfer v Telfer, 44 AD3d 780 [2007]; Matter of Etuk v Etuk, 300 AD2d 483 [2002]). Rivera, J.P., Dillon, Miller and Roman, JJ., concur.

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Bluebook (online)

69 A.D.3d 710, 891 N.Y.2d 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbosa-v-ventura-nyappdiv-2010.

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