Matter of Janey B. v. Jill C.

Summary

The New York Appellate Division, Third Department dismissed the mother's appeal from a Family Court order granting the petitioner's application for visitation with the parties' child. The court held that the appeal was untimely because the notice of appeal was served and filed after the 35-day statutory deadline under the Family Court Act, depriving the court of jurisdiction.

Holdings

1. The appeal was untimely because the notice of appeal was served and filed on October 4, 2024, more than 35 days after the Family Court clerk mailed the order on August 29, 2024.
2. The statutory time bar for taking the Family Court appeal is absolute and not subject to extension; therefore, the Appellate Division lacked jurisdiction to entertain the appeal.

Questions Presented

1. Whether Jill C.'s appeal from the Family Court visitation order was timely under Family Court Act § 1113.
2. Whether the Appellate Division had jurisdiction to entertain an appeal when the notice of appeal was served and filed after the statutory 35-day period.

Disposition

dismissed