Legal Question in Family Law in New York
Today I had personal service done on my spouse's attorney by serving his law firm, only to find out that he is on vacation right now. His secretary signed as someone authorized to take service for him at his firm and she confirmed that she scanned and emailed my motion to my spouse's attorney.
However, my question is: does it matter that my spouse's attorney is on vacation? I was unaware of this but I am just concerned to confirm that it does not grant him additional time to work on the motion, nor the right to request additional time.
From looking over CPLR 2214 I see nothing that addresses this issue, but I was just looking for an attorney to confirm this for me.
1 Answer from Attorneys
No, it doesn't matter, however:
It's extremely bad form and remarkably churlish to not extend time to respond to any motion under almost any circumstances - particularly when the attorney is on vacation. Remember that the court isn't going to rule on your motion for about five months.
Not agreeing to extend time on such request marks you irretrievably as someone unlikely to get any benefit of the doubt on any decision from the Court. And, to make your situation even worse, the attorney's response will undoubtedly be to seek the extension from the Court - and get it.
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