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Order On Motion To Vacate For Lack Of Service Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Order On Motion To Vacate For Lack Of Service, 4-26, New York Statewide, Family Court
F.C.A. §451
Form 4-26
(Child Support –Order on Motion
to Vacate for Lack of Service)
(8/2010)
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF
..........................................................................................
In the Matter of a Proceeding under Article 4 of the
DOCKET NO.
Family Court Act,
ORDER ON MOTION
Petitioner
TO VACATE
S.S.#: xxxx-xxFOR LACK OF SERVICE
-againstRespondent
S.S.#: xxxx-xx............................................................................................
IF THIS ORDER WAS ENTERED BY A JUDGE, THE ORDER MAY BE APPEALED
PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT. THAT SECTION
PROVIDES THAT AN APPEAL FROM THAT ORDER MUST BE TAKEN WITHIN 30 DAYS
AFTER RECEIPT OF THE ORDER BY APPELLANT IN COURT, 30 DAYS AFTER SERVICE
BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, OR 35
DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK
OF THE COURT, WHICHEVER IS EARLIEST.
IF THIS ORDER WAS ENTERED BY A SUPPORT MAGISTRATE, SPECIFIC WRITTEN
OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS OF
THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF
THE ORDER WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE
ORDER.
A motion having been made by [specify]:
for an order vacating the Order of Support, entered by this Court by default on [specify date]:
on the ground that the defaulting party had not been served, and the matter having duly come on to
be heard before this Court;
NOW, after examination and inquiry into the facts and circumstances of the motion, and
[delete if inapplicable]: after hearing the proofs and testimony; it is therefore
ORDERED that [check applicable box]:
G The motion to vacate the Order of Support is GRANTED and the matter shall be set
down for a new hearing on [specify date and time]:
OR
G The motion to vacate the Order of Support is DENIED and the Order shall continue in
full force and effect.
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Form 4-26
Page 2
AND IT IS FURTHER ORDERED that [specify]:
Dated:
ENTER
Judge of the Family Court/ Support Magistrate
Check applicable box:
G Order mailed on [specify date(s) and to whom mailed]:
G Order received in court on [specify date(s) and to whom given]:
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