Opinion
1119.1 CAF 19–00849
11-15-2019
In the Matter of Jeanette L. JAGGER, Petitioner–Respondent, v. Bryan T. JAGGER, Respondent–Appellant.
KAMAN BERLOVE MARAFIOTI JACOBSTEIN & GOLDMAN LLP, ROCHESTER (MARGARET M. RESTON OF COUNSEL), FOR RESPONDENT–APPELLANT. SUSAN E. GRAY, CANANDAIGUA, FOR PETITIONER–RESPONDENT.
KAMAN BERLOVE MARAFIOTI JACOBSTEIN & GOLDMAN LLP, ROCHESTER (MARGARET M. RESTON OF COUNSEL), FOR RESPONDENT–APPELLANT.
SUSAN E. GRAY, CANANDAIGUA, FOR PETITIONER–RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner mother commenced this proceeding pursuant to Family Court Act article 4 seeking an order directing respondent father to pay child support for their two children, who were the subject of a prior order of support entered in Pennsylvania. A Support Magistrate granted the petition upon the father's default, and the father now appeals from an order of Family Court that denied his objections to the order of the Support Magistrate. In his objections, the father argued, inter alia, that the court lacked personal and subject matter jurisdiction. We conclude that the appeal must be dismissed. "[T]he proper procedure to challenge an order entered upon a default is by way of a motion to vacate the default pursuant to CPLR 5015(a) rather than by way of the filing of objections pursuant to Family Court Act § 439(e)" ( Matter of Chautauqua County Dept. of Social Servs. v. Rita M.S., 94 A.D.3d 1509, 1510, 943 N.Y.S.2d 332 [4th Dept. 2012] ; see Matter of Bowman v. Muniz, 172 A.D.3d 1491, 1492, 100 N.Y.S.3d 113 [3d Dept. 2019] ; Matter of Delong v. Bristol [appeal No. 1], 117 A.D.3d 1566, 1566, 984 N.Y.S.2d 916 [4th Dept. 2014], lv denied 24 N.Y.3d 909, 2014 WL 6433277 [2014] ).