MATTER OF BURKE v. BURKE


45 A.D.3d 591 (2007)

844 N.Y.S.2d 715

In the Matter of LIZETTE BURKE, Also Known as LIZETTE MALDONADO BURKE, Also Known as LIZETTE MALDONADO, Appellant, v. TIMOTHY BURKE, Respondent. (Proceeding No. 1.) In the Matter of TIMOTHY BURKE, Petitioner, v. LIZETTE MALDONADO BURKE, Respondent. (Proceeding No. 2.)

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

Decided November 7, 2007.


Ordered that the order is reversed, on the law, without costs or disbursements, the objections are reinstated, and the matter is remitted to the Family Court, Nassau County, for a new determination based upon consideration of the objections on the merits.

In this case, the Support Magistrate's order was mailed to the appellant on September 25, 2006. Pursuant to Family Court Act § 439 (e), the appellant was required to file her objections to the Support Magistrate...

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