Legal Question in Family Law in New York

Can a Support Magistrate refuse to follow a judges order?

Ihave a case before a Support Magistrate in a NY family court. I filed an objection to the Magistrate's decision and a judge upheld my decision and reffered the matter back to the Magistrate to rewrite the decision.it has been 6 months an the judge is refusing to follow the order because he is discontent that I objected his decision. In fact he is threatning to retry the matter in order to find a way to issue a stiffer penalty. What can I do?


Asked on 12/16/08, 8:38 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Can a Support Magistrate refuse to follow a judges order?

If a magistrate refuses to follow the Judge's order you may file a complaint with the Administrative Law Judge and with the local bar association grievance committee.

Mike.

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Answered on 12/17/08, 8:33 am


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