Opinion
02-04-2016
In re BIANCA J., Petitioner–Respondent, v. DWAYNE C.A., Respondent–Appellant.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Bianca J., respondent pro se.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Bianca J., respondent pro se.
Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 7, 2014, which denied respondent's objections to an order, entered on or about October 30, 2013 (Support Magistrate Karen D. Kolomechuk), dismissing his petition for a downward modification of a November 23, 2011 child support order, unanimously affirmed, without costs.
Respondent has failed to preserve for appellate review his contention that the Support Magistrate harbored a bias against him (see CPLR 5501 ; Matter of Gina C. v. Augusto C., 116 A.D.3d 478, 479, 983 N.Y.S.2d 261 [1st Dept.2014], lv. denied 23 N.Y.3d 905, 2014 WL 2609512 [2014] ), and we decline to review his claim in the interest of justice. As an alternative holding, we find respondent's contention unfounded. We note that he has failed to cite to an actual ruling which demonstrated bias (see Anderson v. Harris, 68 A.D.3d 472, 473, 890 N.Y.S.2d 48 [1st Dept.2009] ). The court properly exercised its discretion in denying respondent's motion for an adjournment (see Matter of Anthony M., 63 N.Y.2d 270, 283, 481 N.Y.S.2d 675, 471 N.E.2d 447 [1984] ).
SAXE, J.P., MOSKOWITZ, RICHTER, FEINMAN, JJ., concur.