Legal Question in Family Law in New York

This question is specifically for David Browde, if you would not mind answering it. First, I wrote previously that I had filed a motion to cancel my Preliminary Conference stating that my spouse had not done it within the statutorily required 45 day period. You tell me that there is no such requirement, yet I look at New York's statutes and find this:
(d) Request for Judicial Intervention.
A request for judicial intervention shall be filed with the court by the plaintiff no later than 45 days from the date of service of the summons and complaint or summons with notice upon the defendant, unless both parties file a notice of no necessity with the court, in which event the request for judicial intervention may be filed no later than 120 days from the date of service of the summons and complaint or summons with notice upon the defendant. Notwithstanding section 202.6(a) of this Part, the court shall accept a request for judicial intervention that is not accompanied by other papers to be filed in court.
My spouse did not serve me within that 45 day period and NEITHER of us filled out a notice of no necessity, so how am I incorrect in stating that my spouse did not comply with this statute?
Second, my spouse refused to voluntarily come to a new date for the Preliminary Conference because they refused to admit they had done anything wrong in the filing of the R.J.I. Thus, correct me if I am wrong, but if my spouse would NOT agree to a rescheduling of the Conference then my only option was to file a Motion.
I may be mistaken on these things, but I do not see how. Also, I am aware that at the Conference the schedule is set and the issues are resolved or not resolved, my question in my last entry on here and one I will repeat if I am correct in my understanding of the statutes I listed in this is: What do I do now? Does the process need to begin anew since my spouse did not follow the 45 day time period or do we simply reschedule?

Asked on 2/22/10, 4:37 pm

Kristen Browde Browde Law, P.C.

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Is your case covered by NYCRR 202.16, or 202.6?

In any event, if you're taking the position that a failure to file an RJI within 45 days is a jurisdictional defect, I think you'll be disappointed.

On the other hand, failing to appear at a Preliminary Conference is something matrimonial courts take very seriously.

Answered on 2/27/10, 6:40 pm

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