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Matter of Niblock v. Niblock

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1992
181 A.D.2d 825 (N.Y. App. Div. 1992)

Opinion

March 23, 1992

Appeal from the Family Court, Orange County (Ludmerer, J.).


Ordered that the order is affirmed, with costs.

We reject the appellant's claim that the Hearing Examiner lacked the authority to order substituted service pursuant to Family Court Act § 427. A Hearing Examiner sits as a Judge in support cases and specified paternity cases ( 22 NYCRR 205.3 [a]), and is "empowered to hear, determine and grant any relief within the powers of the court" (Family Ct Act § 439 [a]) unless specifically enjoined by statute (see, Matter of Richardson v Clark, 132 Misc.2d 986). Thus the Hearing Examiner had the authority, once he determined that after reasonable effort personal service was not made, to order substituted service in the manner provided for under the CPLR, which encompasses any method of service devised by the court that is reasonably calculated to give the party notice and an opportunity to be heard (see, Family Ct Act § 427 [b]; CPLR 308; Besharov, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Part 1, Family Ct Act § 427, at 180).

The appellant's remaining contentions that the Hearing Examiner erred in ordering substituted service and that the substituted service was not reasonably calculated to provide actual notice are raised for the first time on appeal and are therefore not properly before this court (see, Fresh Pond Rd. Assocs. v Estate of Schacht, 120 A.D.2d 561; Orellano v Samples Tire Equip. Supply Corp., 110 A.D.2d 757). Sullivan, J.P., Rosenblatt, Miller and Santucci, JJ., concur.


Summaries of

Matter of Niblock v. Niblock

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1992
181 A.D.2d 825 (N.Y. App. Div. 1992)
Case details for

Matter of Niblock v. Niblock

Case Details

Full title:In the Matter of BARBARA NIBLOCK, Respondent, v. ROBERT NIBLOCK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1992

Citations

181 A.D.2d 825 (N.Y. App. Div. 1992)
581 N.Y.S.2d 105

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