Opinion
6454
05-03-2018
In re CYNTHIA B.C., Petitioner–Appellant, v. PETER J.C., Respondent–Respondent.
Hegge & Confusione, LLC, New York (Michael Confusione of counsel), for appellant.
Hegge & Confusione, LLC, New York (Michael Confusione of counsel), for appellant.
Acosta, P.J., Friedman, Manzanet–Daniels, Kapnick, Kern, JJ.
Appeal from order, Family Court, New York County (Clark V. Richardson, J.), entered on or about May 16, 2016, which denied on procedural grounds petitioner's objection to a Support Magistrate's order, unanimously dismissed, without costs, as taken from a nonappealable paper.
Petitioner's objection, which was denied by the court on the ground that she did not file proof of service of a copy of the objection on respondent father, is not reviewable on appeal (see Family Ct Act § 439[e] ; Matter of Dallas C. v. Katrina J. , 121 A.D.3d 456, 993 N.Y.S.2d 493 [1st Dept. 2014] ). Petitioner acknowledges that she did not file an affidavit of service showing that she served her objection on respondent or respondent's counsel. This failure to file proof of service of her objection "is a failure to fulfill a condition precedent to filing timely written objections to the Support Magistrate's order, and consequently, a waiver of [the] right to appellate review" (Matter of Naomi S. v. Steven E. , 147 A.D.3d 568, 568, 46 N.Y.S.3d 786 [1st Dept. 2017]; see Dallas C. at 456, 993 N.Y.S.2d 493 ).