Majority
p. 622In the Matter of Susan Yalvac, Appellant, v Michael R. Williams, Respondent. [14 NYS3d 920]
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 AD3d 694 , 694 [2010]; Matter of Bodouva v Bodouva, 53 AD3d 483 , 484 [2008]; Matter of Burke v Burke,
p. 623
45 AD3d 591 , 592 [2007]; Matter of Hodges v Hodges, 40 AD3d 639 , 639 [2007]). 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 AD3d 1028 [2014]; Matter of Xiao-Lan Ma v Washington, 112 AD3d 957 [2013]; Matter of Bodouva v Bodouva, 53 AD3d 483 [2008]; Matter of Herman v Herman, 11 AD3d 536 [2004]).
Balkin, J.P., Austin, Sgroi and LaSalle, JJ., concur.
Cases cited
- Bruckstein v. Bruckstein 78 AD3d 694 at 694 p. 622
- Bodouva v. Bodouva 53 AD3d 483 at 484 p. 622, p. 623
- Burke v. Burke 45 AD3d 591 at 592 p. 623
- Hodges v. Hodges 40 AD3d 639 at 639 p. 623
- Babb v. Darnley 123 AD3d 1028 p. 623
- Xiao-Lan Ma v. Washington 112 AD3d 957 p. 623