Legal Question in Family Law in New York
Court Order
Court Orders are usually based on ''findings of fact''. If the ''facts'' in the ''findings of fact'' are incorrect, what effect does this have on the ''court order''?
2 Answers from Attorneys
Re: Court Order
A Court Order remains entirely valid and enforceable, notwithstanding an error or mistake included in the Findings of Fact.
However, if the fact/s recited in the Findings, if different, would have changed the conclusions reached by the Court in the Decision and Court Order, then an application or Motion should be made to Adjust or Conform the Facts in the Order or vice versa. This application or Motion is not the same thing as a motion to reargue, or appeal. It is a "Special" type of motion.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Court Order
If the facts are unfounded, then you can re-aruge or take an appeal, provided the time for doing so has not expired.
Daniel Clement
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