| Matter of Dakin v Dakin |
| 2010 NY Slip Op 06242 [75 AD3d 639] |
| July 27, 2010 |
| Appellate Division, Second Department |
| In the Matter of Nina Dakin, Respondent, v James Dakin,Jr., Appellant. |
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In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Suffolk County (Hoffman, J.), dated March 13, 2009, which deniedhis objections to an order of the same court (Raimondi, S.M.), dated January 26, 2009, which,after a hearing, found that he was in willful violation of a prior support order of the same courtdated March 22, 2004.
Ordered that the order dated March 13, 2009, is affirmed, without costs or disbursements.
A determination by a support magistrate that a person is in willful violation of a supportorder and recommending commitment has no force and effect until confirmed by a Judge of theFamily Court (see Family Ct Act § 439 [a]). Such a determination by a supportmagistrate does not constitute a final order to which a party may file written objections (seeFamily Ct Act § 439 [e]). Here, the father improperly filed written objections to thenonfinal determination of the Support Magistrate dated January 26, 2009. Accordingly, in theorder dated March 13, 2009, the Family Court correctly denied the father's objections. The fatherfailed to pursue his sole remedy, which was to appeal from the final order of the Family Courtdated January 26, 2009, confirming the Support Magistrate's determination (see Matter ofRoth v Bowman, 245 AD2d 521, 522 [1997]; Family Ct Act § 1112).
The remaining contentions are either without merit or not properly before this Court.Covello, J.P., Santucci, Angiolillo and Dickerson, JJ., concur.