MARILYN v. GREGORY (2023)

Supreme Court, Appellate Division, First Department, New York.

In the Matter MARILYN C., Petitioner–Appellant, v. GREGORY F., Respondent–Respondent.

1070

Decided: November 21, 2023

Webber, J.P., Singh, Friedman, Mendez, Rosado, JJ.

Law Office of Wendy Tso, P.C., New York (Wendy Tso of counsel), for appellant.

Order, Family Court, Bronx County (Jessica I. Bourbon, J.), entered on or about March 10, 2022, which denied petitioner mother's objections to a final order of support, same court (Paul Ryneski, Support Magistrate), entered on or about January 5, 2022, unanimously affirmed, without costs.

Family Court properly denied the mother's objections, as she failed to serve them on respondent father or his attorney of record (CPLR 2103[b]; Family Court Act § 439[e]; see Matter of Etuk v. Etuk, 300 A.D.2d 483, 484, 751 N.Y.S.2d 566 [2d Dept. 2002]). Although the mother asserts that she did not serve the father's counsel because he, the father, informed the mother's counsel in January 2022 that he was unrepresented, we reject this assertion as a basis for failure to serve the objections. Counsel's authority as an attorney of record in a civil action continues unabated until a withdrawal, substitution, or discharge is formalized, and the record contains no evidence that the father's counsel filed a consent to change attorney in connection with the support case or that she provided any notice to the court that she was no longer representing the father (CPLR 321[b]; see Farage v. Ehrenberg, 124 A.D.3d 159, 165, 996 N.Y.S.2d 646 [2d Dept. 2014], lv denied 25 N.Y.3d 906, 2015 WL 3620265 [2015]). Thus, the mother was required to serve the objections on the father's attorney of record despite her awareness of a breakdown in the attorney-client relationship.

We also reject mother's assertion that serving the father's counsel would have been fruitless because his counsel, was disbarred in New Jersey. The father's counsel was, in fact, disbarred in New Jersey in October 2021 and was later suspended from the practice of law in New York for one year beginning in June 2022. Nevertheless, there is no evidence that she was not permitted to practice law in New York between the date of her disbarment in New Jersey and the date of her suspension in New York.

We have considered and rejected the mother's remaining contentions.

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