Jones v. Jones

2021 NY Slip Op 05567

In the Matter of Alisa A. Jones, Respondent, v. Michael M. Jones, appellant.

Nos. 2020-05132, 2020-07337

Docket Nos. F-6794-18/18C/19D/19E

Supreme Court of New York, Second Department

October 13, 2021

Submitted - September 17, 2021

D67374 C/htr

Thomas F. Liotti, Garden City, NY, for appellant.

Alisa A. Jones, Seaford, NY, respondent pro se.

WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, FRANCESCA E CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from (1) a corrected order of the Family Court Nassau County (Eileen C. Daly-Sapraicone, J.), dated August 3, 2020, and (2) an order of the same court dated August 10, 2020. The corrected order denied, as untimely, the father's objections to an order of the same court (Lisa M. Williams, S.M.), dated October 16, 2019, which, inter alia, after a hearing, modified the child support obligations set forth in the parties' judgment of divorce dated April 27, 2016. The order dated August 10, 2020, insofar as appealed from, denied that branch of the father's motion which was for leave to renew his objections and, in effect, upon reargument, adhered to the prior determination in the corrected order dated August 3, 2020, denying his objections as untimely.

ORDERED that the appeal from the corrected order dated August 3, 2020, is dismissed, as that order was superseded by the order dated August 10, 2020, made, in effect, upon reargument; and it is further, ORDERED that the order dated August 10, 2020, is affirmed insofar as appealed from; and it is further, ORDERED that one bill of costs is awarded to the respondent.

The parties were divorced in 2016. The judgment of divorce incorporated, but did not merge, the terms of the parties' stipulation of settlement, including support for the parties' two children. In 2017, the father renewed a previous petition for a downward modification of his child support obligation, and the mother subsequently petitioned for an upward modification of child support and enforcement of a provision in the stipulation of settlement pertaining to the payment of Social Security disability benefits. In an order dated October 16, 2019, after a hearing, the Support Magistrate modified the father's child support obligation and calculated his arrears in the payment of Social Security benefits. On December 9, 2019, the father filed objections to the Support Magistrate's order, which the Family Court denied as untimely in a corrected order dated August 3, 2020. Upon the father's motion for leave to renew and reargue his objections, the Family Court, in an order dated August 10, 2020, denied that branch of the motion which was for leave to renew, in effect, granted that branch of the motion which was for leave to reargue, and, upon reargument,...