Opinion
No. 2009-10704, 2010-11309.
December 14, 2010.
Ordered that the appeal from the order dated February 23, 2009, is dismissed, as that order was superseded by the order dated October 9, 2009; and it is further,
Jack M. Hidary, Brooklyn, N.Y., appellant pro se.
Linda Hidary, Brooklyn, N.Y., respondent pro se.
Before: Prudenti, P.J., Dillon, Balkin and Chambers, JJ.
Ordered that the order dated October 9, 2009, is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondent. The father's proof of service of his objections to the order dated February 23, 2009, was deficient ( see Family Ct Act § 439 [e]; CPLR 306). Thus, the father failed to satisfy a condition precedent to filing timely written objections to the Support Magistrate's order, and the Family Court properly denied his objections on that ground ( see Matter of Chukwuogo v Chukwuogo, 46 AD3d 558, 558-559). Consequently, the father waived his right to appellate review of the merits of his objections ( see Matter of Simpson v Gelin, 48 AD3d 693; Matter of Star v Frazer, 232 AD2d 570, 571).