Opinion
12-24-2014
In the Matter of Yonette BABB, appellant, v. Clarence P. DARNLEY, respondent.
Yonette Babb, Jamaica, N.Y., appellant pro se.
Yonette Babb, Jamaica, N.Y., appellant pro se.
Opinion Appeal from an order of the Family Court, Queens County (Margaret Parisi McGowan, J.), dated November 20, 2013. The order denied, as untimely, the mother's objections to an order of that court (Michael J. Fondacaro, S.M.), dated August 30, 2013, which, after a hearing, denied that branch of her petition which sought an upward modification of child support.
ORDERED that the order dated November 20, 2013, is affirmed, without costs or disbursements.Objections to an order of a Support Magistrate must be filed within 35 days of the date on which the order is mailed to the objecting party (see Family Ct. Act § 439[e] ; Matter of Heuser v. Chavez, 117 A.D.3d 738, 984 N.Y.S.2d 611 ; Matter of Xiao–Lan Ma v. Washington, 112 A.D.3d 957, 978 N.Y.S.2d 285 ; Matter of Bruckstein v. Bruckstein, 78 A.D.3d 694, 909 N.Y.S.2d 923 ; Matter of Herman v. Herman, 11 A.D.3d 536, 782 N.Y.S.2d 648 ). Here, the mother filed her written objections to the Support Magistrate's order more than 35 days after the order was mailed to her. Accordingly, the Family Court properly denied the mother's objections as untimely (see Matter of Heuser v. Chavez, 117 A.D.3d 738, 984 N.Y.S.2d 611 ; Matter of Xiao–Lan Ma v. Washington, 112 A.D.3d at 958, 978 N.Y.S.2d 285 ; Matter of Bruckstein v. Bruckstein, 78 A.D.3d at 695, 909 N.Y.S.2d 923 ; Matter of Herman v. Herman, 11 A.D.3d at 536, 782 N.Y.S.2d 648 ).
ENG, P.J., MASTRO, ROMAN and MILLER, JJ., concur.