Matter of Kaitlyn D

In Matter of Kaitlyn D. (184 Misc 2d 150 [Fam Ct, Suffolk County 2000]), the Family Court of Suffolk County held that the date of notice, whether actual or constructive, is the "critical measuring date" from which the six months is to be counted. In that case, the court was confronted with an inexplicable delay in service, after the filing of the petition, of 15 months. The court found that although the "technical" date from which to measure the six months is the filing date, in the court's opinion, the date of actual or constructive notice should be the "critical measuring date." (Id. at 153.)