Opinion
2012-06-6
In the Matter of CARENE S. (Anonymous), respondent, v. KENDALL S. (Anonymous), appellant.
Kendall S., Carson, California, appellant pro se. Lisa F. Colin, White Plains, N.Y., for respondent.
Kendall S., Carson, California, appellant pro se. Lisa F. Colin, White Plains, N.Y., for respondent.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Klein, J.), dated February 25, 2011, which denied his objections to an order of the same court (Furman, S.M.), dated December 8, 2010, which, after a hearing, denied his motions for credits toward support arrears and an accounting of certain arrears, and to reopen the issue of paternity with respect to the parties' two children.
ORDERED that the order dated February 25, 2011, is affirmed, with costs.
The Family Court properly denied the father's objections to the Support Magistrate's order dated December 8, 2010. The testimony adduced at the hearing before the Support Magistrate did not establish that the father was denied proper credits against arrears ( see Matter of Gleason v. Gleason, 247 A.D.2d 384, 668 N.Y.S.2d 657). Contrary to the father's contention, the documentary evidence submitted in support of his objections, allegedly establishing entitlement to credits against support arrears, was properly disregarded, since it was not offered at the hearing before the Support Magistrate ( see Matter of Rzemieniewska–Bugnacki v. Bugnacki, 51 A.D.3d 1029, 1030, 859 N.Y.S.2d 467;Matter of Williams v. Williams, 37 A.D.3d 843, 831 N.Y.S.2d 243;Matter of Lahrs v. Lahrs, 158 A.D.2d 944, 551 N.Y.S.2d 105;see also Matter of Niagara County Dept. of Social Servs. v. Hueber, 89 A.D.3d 1440, 932 N.Y.S.2d 631).
The father's remaining contentions either are without merit, refer to matter dehors the record, or are otherwise not properly before this Court.