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Ferone v. Magnussen

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 30, 2020
186 A.D.3d 1685 (N.Y. App. Div. 2020)

Opinion

2019-01508

09-30-2020

In the Matter of Kathleen Frances FERONE, Respondent, v. Keith Thomas MAGNUSSEN, Appellant.

Keith Thomas Magnussen, Brooklyn, NY, appellant pro se.


Keith Thomas Magnussen, Brooklyn, NY, appellant pro se.

ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, ROBERT J. MILLER, PAUL WOOTEN, JJ.

DECISION & ORDER In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Kings County (Jacqueline B. Deane, J.), dated January 3, 2018. The order denied, as untimely, the father's objections to an order of the same court (Elizabeth Shamahs, S.M.) dated October 1, 2018, which denied the father's motion for an award of counsel fees.

ORDERED that the order dated January 3, 2018, is affirmed, without costs or disbursements.

The parties are the parents of one minor child. In this proceeding pursuant to Family Court Act article 4, the Support Magistrate issued an order denying the father's motion for an award of counsel fees. The father filed objections to the Support Magistrate's order, and the Family Court denied his objections as untimely. The father appeals.

"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" ( Matter of Verzhbo v. Grubelich, 147 A.D.3d 864, 865, 46 N.Y.S.3d 423 ; see Family Ct Act § 439[e] ). On this record, we agree with the Family Court's determination denying the father's objections to the Support Magistrate's order as untimely (see Matter of Bosse v. Simpson, 173 A.D.3d 856, 857, 100 N.Y.S.3d 539 ).

In light of our determination, we need not reach the father's remaining contention.

SCHEINKMAN, P.J., LEVENTHAL, MILLER and WOOTEN, JJ., concur.


Summaries of

Ferone v. Magnussen

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 30, 2020
186 A.D.3d 1685 (N.Y. App. Div. 2020)
Case details for

Ferone v. Magnussen

Case Details

Full title:In the Matter of Kathleen Frances Ferone, respondent, v. Keith Thomas…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Sep 30, 2020

Citations

186 A.D.3d 1685 (N.Y. App. Div. 2020)
129 N.Y.S.3d 812
2020 N.Y. Slip Op. 5207

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