Opinion
2018–05648 Docket No. P–21782–17
02-06-2019
In the Matter of ISHMAEL A. A.-S. (Anonymous), Appellant, v. SACHA C. (Anonymous), Respondent.
Ishmael A. A.-S., Flushing, NY, appellant pro se.
Ishmael A. A.-S., Flushing, NY, appellant pro se.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER ORDERED that the order dated March 15, 2018, is affirmed, without costs or disbursements. The Family Court denied the father's objection to an order dated December 5, 2017, on the ground that his proof of service upon the mother of a copy of the objection was deficient. Family Court Act § 439(e) provides, in pertinent part, that "[a] party filing objections shall serve a copy of such objections upon the opposing party," and that "[p]roof of service upon the opposing party shall be filed with the court at the time of filing of objections and any rebuttal." The father's proof of service upon the mother of his objection was deficient (see Family Ct Act § 439[e] ; CPLR 306 ). Thus, the father failed to fulfill a condition precedent to filing timely written objections to the order and, thus, failed to exhaust the Family Court procedure for review of his objections (see Matter of Carroll v. Brodsky , 168 A.D.3d 727, 89 N.Y.S.3d 649 ]; Matter of Semenova v. Semenov , 85 A.D.3d 1036, 1037, 925 N.Y.S.2d 872 ). Consequently, the issues raised by the father on this appeal are not reviewable (see Matter of Carroll v. Brodsky , 168 A.D.3d 727, 89 N.Y.S.3d 649 ]; Matter of Ndukwe v. Ogbaegbe , 150 A.D.3d 858, 858, 54 N.Y.S.3d 113 ).
BALKIN, J.P., CHAMBERS, COHEN and BRATHWAITE NELSON, JJ., concur.