Opinion
2013-12-26
In the Matter of XIAO–LAN MA, respondent, v. Anthony Valance WASHINGTON, appellant.
Springs Law Firm PLLC, New York, N.Y. (Venus Springs of counsel), for appellant. Fersch Petitti LLC, New York, N.Y. (Danielle R. Petitti of counsel), for respondent.
Springs Law Firm PLLC, New York, N.Y. (Venus Springs of counsel), for appellant. Fersch Petitti LLC, New York, N.Y. (Danielle R. Petitti of counsel), for respondent.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, JOHN M. LEVENTHAL, and CHERYL E. CHAMBERS, JJ.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Queens County (Lebwohl, J.), dated December 21, 2012, as denied, as untimely, his objections to three orders of the same court (Stein, S.M.), each dated September 18, 2012, which, after a hearing, inter alia, directed him to pay child support to the mother.
ORDERED that the order dated December 21, 2012, is affirmed insofar as appealed from, without costs or disbursements.
Objections to an order of a support magistrate must be filed within 35 days after the date on which the order is mailed to the objecting party ( seeFamily Ct. Act § 439[e]; Matter of Hodges v. Hodges, 40 A.D.3d 639, 833 N.Y.S.2d 396; Matter of Miller v. Smith, 7 A.D.3d 629, 775 N.Y.S.2d 900; Matter of Mayeri v. Mayeri, 279 A.D.2d 473, 719 N.Y.S.2d 582). Here, since the father did not timely file written objections to the Support Magistrate's orders, the Family Court properly denied the father's objections to those orders as untimely and refused to consider them ( see Matter of Roberts v. Gray, 89 A.D.3d 951, 932 N.Y.S.2d 722; Matter of Bruckstein v. Bruckstein, 78 A.D.3d 694, 909 N.Y.S.2d 923; Matter of Hodges v. Hodges, 40 A.D.3d at 639, 833 N.Y.S.2d 396; Matter of Herman v. Herman, 11 A.D.3d 536, 782 N.Y.S.2d 648; Matter of Miller v. Smith, 7 A.D.3d at 629, 775 N.Y.S.2d 900; Matter of Chambers v. Chambers, 305 A.D.2d 672, 673, 760 N.Y.S.2d 212; Matter of Mayeri v. Mayeri, 279 A.D.2d at 473, 719 N.Y.S.2d 582).