Matter of Roberts v Gray
2011 NY Slip Op 08367 [89 AD3d 951]
November 15, 2011
Appellate Division, Second Department
As corrected through Wednesday, January 4th, 2012


In the Matter of Maureen Roberts, Respondent,
v
StephenGray, Appellant.

[*1]

Stephen Gray, Bronx, N.Y., appellant pro se.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from anorder of the Family Court, Kings County (Turbow, J.), dated October 7, 2010, which denied hisobjections to an order of the same court (Baur, S.M.), dated April 6, 2010, which, after a hearing, interalia, denied his petition for a downward modification of his child support obligation.

Ordered that the order dated October 7, 2010, is affirmed, without costs or disbursements.

Family Court Act § 439 (e) provides that an aggrieved party may submit specific writtenobjections to the final order of a support magistrate within 35 days after the mailing of the order to suchparty. Since the father did not timely submit written objections to a prior final order of the SupportMagistrate which formed the basis for the order appealed from, the Family Court properly denied hisobjections on this ground (see Matter ofPedone v Corpes, 24 AD3d 559, 559-560 [2005]; Matter of Mayeri v Mayeri, 279AD2d 473 [2001]). Mastro, J.P., Dillon, Sgroi and Miller, JJ., concur.


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