Opinion
03-09-2016
In the Matter of Anna KIMELFELD, respondent, v. Gabor MENCZELESZ, appellant.
Law Offices of Inna Vernikov, PLLC, New York, N.Y., for appellant.
Law Offices of Inna Vernikov, PLLC, New York, N.Y., for appellant.
Appeal from an order of the Family Court, Kings County (W. Franc Perry, J.), dated April 28, 2015. The order denied, as untimely, the father's objections to an order of that court (Elizabeth Shamahs, S.M.) dated February 26, 2015.
ORDERED that the order dated April 28, 2015, is affirmed, without costs or disbursements.
The mother commenced this proceeding pursuant to Family Court Act article 4 alleging that the father violated the child support provisions of the parties' judgment of divorce. In an order dated February 26, 2015, a Support Magistrate enforced the father's support obligation, modifying it only to the extent of directing him to make payments through the Support Collection Unit. In the order appealed from, the Family Court denied, as untimely, the father's objections to the Support Magistrate's order. The father appeals.
Objections to an order of a Support Magistrate must be filed within 35 days after the date on which the order is mailed to the objecting party (see Family Ct. Act § 439[e] ; Matter of Babb v. Darnley, 123 A.D.3d 1028, 1029, 997 N.Y.S.2d 331 ; Matter of Heuser v. Chavez, 117 A.D.3d 738, 738, 984 N.Y.S.2d 611 ; Matter of Xiao–Lan Ma v. Washington, 112 A.D.3d 957, 957–958, 978 N.Y.S.2d 285 ). On this record, the Family Court properly denied the father's objections as untimely and refused to consider them (see Matter of Yalvac v. Williams, 131 A.D.3d 622, 14 N.Y.S.3d 920 ; Matter of Babb v. Darnley, 123 A.D.3d at 1029, 997 N.Y.S.2d 331 ; Matter of Hodges v. Hodges, 40 A.D.3d 639, 639, 833 N.Y.S.2d 396 ; cf. Matter of Bruckstein v. Bruckstein, 78 A.D.3d 694, 909 N.Y.S.2d 923 ).
MASTRO, J.P., HALL, MILLER and LaSALLE, JJ., concur.