Curcio v. Garuccio

174 A.D.3d 803

102 N.Y.S.3d 881 (Mem)

In the Matter of Charles CURCIO, Appellant,

v.Lucy GARUCCIO, Respondent.

2018–12859

Docket Nos. F-04918-14/14A, F-04918-14/15B

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

Submitted—June 18, 2019

July 24, 2019

Coffinas & Lusthaus, P.C., Brooklyn, N.Y. (Meredith A. Lusthaus of counsel), for appellant.

MARK C. DILLON, J.P., JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

ORDERED that the corrected order dated October 3, 2018, is affirmed, without costs or disbursements.

The parties were divorced by judgment dated February 20, 2009. The judgment, which incorporated the terms of a stipulation of settlement, awarded the parties joint legal custody of their three children, two of whom are now emancipated. The mother was awarded physical custody of the children and, inter alia, the father was directed to pay monthly child support. In February 2015, the father filed a petition for a downward modification of his child support obligation. In an order dated April 11, 2017, the Support Magistrate, inter alia, in effect, denied the petition and continued the support provisions contained in the judgment of divorce.

On July 17, 2018, the father filed objections to the order dated April 11, 2017, as well as to an order of disposition of the Support Magistrate dated April 20, 2018, which, inter alia, directed the entry of a money judgment. The Family Court denied the father's objections to both orders as untimely. 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’ " ( Matter of Bosse v. Simpson, 173 A.D.3d 856, 856, 100 N.Y.S.3d 539 [2d Dept. 2019], quoting Matter of Verzhbo v. Grubelich, 147 A.D.3d 864, 865, 46 N.Y.S.3d 423 ; see Family Ct Act § 439[e] ; Matter of Siciliano v. Strocchia, 169 A.D.3d 799, 800, 92 N.Y.S.3d 659 ; Matter of Tirado v. Maldonado, 154 A.D.3d 712, 60 N.Y.S.3d 843 ; Matter of Redd v. Burrell, 145 A.D.3d 786, 41 N.Y.S.3d 909 ). Contrary to the father's contentions, the orders dated April 11, 2017, and April 20, 2018, were mailed to the father on April 11, 2017, and April 23, 2018, respectively.

Accordingly, we agree with the Family Court's determination denying, as untimely, the father's objections to the orders dated April 11, 2017, and April 20, 2018 (see Matter of Bosse v. Simpson, 173 A.D.3d 856, 100 N.Y.S.3d 539 ; Matter of Siciliano v. Strocchia, 169...