Opinion
08-19-2015
In the Matter of Susan YALVAC, appellant, v. Michael R. WILLIAMS, respondent.
Louis S. Sroka, Jericho, N.Y., for appellant. Michael R. Williams, Wantagh, N.Y., respondent pro se.
Louis S. Sroka, Jericho, N.Y., for appellant.Michael R. Williams, Wantagh, N.Y., respondent pro se.
Opinion Appeal from an order of the Family Court, Nassau County (Merik R. Aaron, J.), dated April 30, 2014. The order denied the mother's motion for permission to file late objections to an order of that court (Elizabeth A. Bloom, S.M.), dated September 3, 2013, which dismissed her petition for certain relief.
ORDERED that the order dated April 30, 2014, is affirmed, with costs.
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 Bruckstein v. Bruckstein, 78 A.D.3d 694, 694, 909 N.Y.S.2d 923 ; Matter of Bodouva v. Bodouva, 53 A.D.3d 483, 484, 861 N.Y.S.2d 137 ; Matter of Burke v. Burke, 45 A.D.3d 591, 592, 844 N.Y.S.2d 715 ; Matter of Hodges v. Hodges, 40 A.D.3d 639, 639, 833 N.Y.S.2d 396 ). Here, it is undisputed that the mother filed her written objections to the Support Magistrate's order more than 35 days after the order was mailed to her. Accordingly, the Family Court properly denied the mother's objections as untimely (see Matter of Babb v. Darnley, 123 A.D.3d 1028, 997 N.Y.S.2d 331 ; Matter of Xiao–Lan Ma v. Washington, 112 A.D.3d 957, 978 N.Y.S.2d 285 ; Matter of Bodouva v. Bodouva, 53 A.D.3d 483, 861 N.Y.S.2d 137 ; Matter of Herman v. Herman, 11 A.D.3d 536, 782 N.Y.S.2d 648 ).
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.