Camaiore v. Farance

184 A.D.3d 560

123 N.Y.S.3d 524 (Mem)

In the Matter of Marguerite CAMAIORE, Respondent.

v.Frank FARANCE, Appellant.

2018-10219

2019-02559

2019-08588

Docket Nos. F-04307-13/17G, F-04307-13/17H, F-04307-13/17I

Supreme Court, Appellate Division, Second Department, New York.

Submitted - March 17, 2020

June 3, 2020

Frank Farance, New York, NY, appellant pro se.

Marguerite Camaiore, Astoria, NY, respondent pro se.

CHERYL E. CHAMBERS, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 4, the father appeals from (1) an order of the Family Court, Queens County (Joan L. Piccirillo, J.), dated June 22, 2018, (2) an order of the same court also dated June 22, 2018, and (3) an order of the same court dated June 10, 2019. The first order dated June 22, 2018, insofar as appealed from, denied the father's objections to an order of disposition of the same court (Solange N. Grey–Humphreys, S.M.) dated April 23, 2018, which, after a hearing and upon finding of facts dated April 23, 2018, granted the mother's violation petition and remitted certain issues to the Support Magistrate. The second order dated June 22, 2018, denied the father's objections to an order of the same court (Solange N. Grey–Humphreys, S.M.) also dated April 23, 2018, which, after a hearing, denied the father's petition for a downward modification of his child support obligation. The order dated June 10, 2019, denied the father's objections to an order of the same court (Solange N. Grey–Humphreys, S.M.) dated April 9, 2019, which, after a hearing, denied the father's separate petition for a downward modification of his child support obligation.

ORDERED that the appeal from so much of the first order dated June 22, 2018, as remitted issues to the Support Magistrate is dismissed, without costs or disbursements; and it is further,

ORDERED that the first order dated June 22, 2018, is affirmed insofar as reviewed, without costs or disbursements; and it is further, ORDERED that the second order dated June 22, 2018, and the order dated June 10, 2019, are affirmed, without costs or disbursements.

The portion of the first order dated June 22, 2018, that remitted certain matters to the Support Magistrate is not dispositional and, therefore, not appealable as of right (see Matter of Daughtry v. Jacobs, 155 A.D.3d 947, 65 N.Y.S.3d 242 ), and we decline to grant leave to appeal from that portion of the order.

Contrary to the father...