Opinion
2018–04189 Docket No. F–2830–15
02-13-2019
In the Matter of Phyllis SICILIANO, Respondent, v. Aniello STROCCHIA, Appellant.
Zenith T. Taylor, Forest Hills, NY, for appellant. Gemelli Gross & Dujmic, P.C., Forest Hills, N.Y. (David M. Gross of counsel), for respondent.
Zenith T. Taylor, Forest Hills, NY, for appellant.
Gemelli Gross & Dujmic, P.C., Forest Hills, N.Y. (David M. Gross of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERORDERED that the order dated March 26, 2018, is affirmed, with costs.
The parties have one child together. In an amended order of support dated May 2, 2016, a Support Magistrate directed the father to pay the mother basic child support in the sum of $ 4,500 per month. In December 2017, the father filed objections, in effect, to the amended order of support. In an order dated March 26, 2018, the Family Court denied the father's objections as untimely. The father appeals.
Objections to an order of a Support Magistrate must be filed within 35 days of the date on which the order is mailed to the objecting party (see Family Ct Act § 439[e] ; Matter of Verzhbo v. Grubelich, 147 A.D.3d 864, 865, 46 N.Y.S.3d 423 ; Matter of Ferrante v. Bantis, 143 A.D.3d 984, 39 N.Y.S.3d 806 ). Here, the father filed his written objections more than 35 days after the amended order was mailed to him. Accordingly, we agree with the Family Court's determination denying the father's objections as untimely (see Matter of Tirado v. Maldonado, 154 A.D.3d 712, 713, 60 N.Y.S.3d 843 ; Matter of Verzhbo v. Grub elich, 147 A.D.3d at 865, 46 N.Y.S.3d 423 ; Matter of Ferrante v. Bantis, 143 A.D.3d 984, 39 N.Y.S.3d 806 ; Matter ofYalvac v. Williams, 131 A.D.3d 622, 623, 14 N.Y.S.3d 920 ).
BALKIN, J.P., CHAMBERS, COHEN and BRATHWAITE NELSON, JJ., concur.