Opinion
2003-02724.
Decided June 14, 2004.
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Klein, J.), dated February 20, 2003, which denied his objections to an order of the same court (Hochberg, H.E.), dated November 8, 2002, which, after a hearing, dismissed his petition for a downward modification of his child support obligation.
Don W. Lane, Atlanta, Ga., appellant pro se.
Before: HOWARD MILLER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Family Court Act § 439(e) provides, in pertinent part, that "[a] party filing objections shall serve a copy of such objections upon the opposing party," and that "[p]roof of service upon the opposing party shall be filed with the court at the time of filing of objections and any rebuttal." By failing to file proof of service of a copy of his objections on the mother, the father failed to fulfill a condition precedent to filing timely written objections to the hearing examiner's order ( see Matter of Happich v. Happich, 285 A.D.2d 509; Matter of Mayeri v. Mayeri, 279 A.D.2d 473, 474; Matter of Rinaldi v. Rinaldi, 239 A.D.2d 506, 507; Matter of Star v. Frazer, 232 A.D.2d 570, 571; Matter of Fokine v. Prisciantelli, 208 A.D.2d 534; see also Matter of Chambers v. Chambers, 305 A.D.2d 672, 673).
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.