Opinion
12-23-2015
In the Matter of Lawrence J. WORNER, appellant, v. Susan GAVIN, respondent.
Susan R. Gavin, sued herein as Susan Gavin, Cornwall–on–Hudson, N.Y., appellant pro se.
Susan R. Gavin, sued herein as Susan Gavin, Cornwall–on–Hudson, N.Y., appellant pro se.
Appeal from an order of the Family Court, Orange County (Debra J. Kiedasch, J.), dated February 29, 2012, as amended February 28, 2014. The order denied the mother's objections to an order of that court (Christine Patneaude Krahulik, S.M.), dated December 5, 2011, which, after a hearing, granted the father's petition to terminate his child support obligation and directed the mother to pay child support to the father in the amount of $178 per week.
ORDERED that the order dated February 29, 2012, as amended February 28, 2014, is affirmed, without costs or disbursements.
The mother's contention that she was denied the right to counsel at the support hearing is without merit. At the outset of the proceedings, the mother was properly advised by the Support Magistrate of her rights to counsel and to an adjournment in order to hire or speak to counsel (see Family Ct. Act §§ 433[a] ; 435[b] ). The record shows that the mother was aware of her right to retain an attorney but, instead, elected to represent herself at the hearing (see Matter of Carlos L. v. Diomaris C., 130 A.D.3d 458, 13 N.Y.S.3d 62 ; Matter of Savarese v. Galgano, 74 A.D.3d 1083, 1084, 903 N.Y.S.2d 488 ).
The mother's remaining contentions are either not properly before this Court, as they were not raised in her objections to the Support Magistrate's order (see Matter of Pizzuto v. Pizzuto, 129 A.D.3d 846, 847, 12 N.Y.S.3d 149 ; Matter of Lorys v. Powell, 116 A.D.3d 1047, 1048, 983 N.Y.S.2d 892 ; Matter of Feng Lucy Luo v. Yang, 89 A.D.3d 946, 947, 933 N.Y.S.2d 80 ), or are without merit.
ENG, P.J., MASTRO, COHEN and MILLER, JJ., concur.