Puzack v. Friderich

902 N.Y.S.2d 412

74 A.D.3d 1208

In the Matter of Laura PUZACK, respondent,

v.Paul FRIDERICH, Jr., appellant.

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

June 22, 2010.

Paul Friderich, Jr., Pompano Beach, Florida, appellant pro se.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Rockland County (Warren, J.), dated June 23, 2009, which dismissed his objections to so much of an order of the same court (Miklitsch, S.M.) dated April 2, 2009, as, after a hearing, denied his petition for a downward modification of his child support obligation.

ORDERED that the order dated June 23, 2009, is reversed, on the law, without costs or disbursements, the objections are reinstated, and the matter is remitted to the Family Court, Rockland County, for consideration and determination of the objections on the merits.

The Family Court erred in dismissing the father's objections solely on the ground that the father did not include a copy of the order objected to with his objections ( see Family Ct. Act § 439[e] ). Accordingly, the order appealed from must be reversedand the matter remitted to the Family Court, Rockland County, for consideration and determination of the...