Fusco v. DeGelormo

200 A.D.3d 780

155 N.Y.S.3d 124 (Mem)

In the Matter of Christopher L. FUSCO, appellant,

v.Malorie A. DEGELORMO, respondent.

2021–02681

Docket No. C–2766–20

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

Submitted—November 15, 2021

December 8, 2021

Thomas T. Keating, Dobbs Ferry, NY, for appellant.

CHERYL E. CHAMBERS, J.P., BETSY BARROS, JOSEPH A. ZAYAS, LARA J. GENOVESI, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 9, the husband appeals from an order of the Family Court, Dutchess County (Jeffrey C. Martin, J.), dated December 14, 2020. The order, in effect, denied the petition and dismissed the proceeding.

ORDERED that the order is affirmed, without costs or disbursements.

The husband filed a petition pursuant to Family Court Act article 9 for conciliation with his wife (see Family Ct Act § 921 ). On October 23, 2020, the parties appeared before the Family Court and the wife stated that she was not interested in participating in conciliation. By order dated December 14, 2020, the Family Court, in effect, denied the petition and dismissed the proceeding. The husband appeals.

The husband's contention that he was denied due process because he never conferred with the probation service and the wife was never invited to a conciliation conference is unpreserved for appellate review (see Matter of Joshua T. [Kenisha T.], 196 A.D.3d 491, 146 N.Y.S.3d 848 ). In any event, his contention is without merit. Although the probation service is authorized by statute to meet with petitioners and may hold conciliation conferences with the parties (see Family Ct Act §§ 922, 924 ), those procedures are not mandated in every...