JUDITH S. v. HOWARD S.


46 A.D.3d 318 (2007)

847 N.Y.S.2d 529

JUDITH S., Respondent, v. HOWARD S., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 13, 2007.


It is undisputed that respondent father failed to file objections to the final order of child support within the 35-day period set forth in Family Court Act § 439 (e). CPLR 2004, upon which he relies, contains general authorization for a court to "extend the time fixed by any statute, rule or order for doing any act." Shortly after its enactment, the scope of this section was restricted by the Second Department to "extensions of time for the doing of acts in actions...

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