| Matter of Babb v Darnley |
| 2014 NY Slip Op 08992 [123 AD3d 1028] |
| December 24, 2014 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Yonette Babb,Appellant, v Clarence P. Darnley, Respondent. |
Yonette Babb, Jamaica, N.Y., appellant pro se.
Appeal from an order of the Family Court, Queens County (Margaret ParisiMcGowan, J.), dated November 20, 2013. The order denied, as untimely, the mother'sobjections to an order of that court (Michael J. Fondacaro, S.M.), dated August 30, 2013,which, after a hearing, denied that branch of her petition which sought an upwardmodification of child support.
Ordered that the order dated November 20, 2013, is affirmed, without costs ordisbursements.
Objections to an order of a Support Magistrate must be filed within 35 days of thedate on which the order is mailed to the objecting party (see Family Ct Act§ 439 [e]; Matterof Heuser v Chavez, 117 AD3d 738 [2014]; Matter of Xiao-Lan Ma v Washington, 112 AD3d 957[2013]; Matter of Bruckstein vBruckstein, 78 AD3d 694 [2010]; Matter of Herman v Herman, 11 AD3d 536 [2004]). Here,the mother filed her written objections to the Support Magistrate's order more than 35days after the order was mailed to her. Accordingly, the Family Court properly denied themother's objections as untimely (see Matter of Heuser v Chavez, 117 AD3d 738 [2014];Matter of Xiao-Lan Ma v Washington, 112 AD3d at 958; Matter ofBruckstein v Bruckstein, 78 AD3d at 695; Matter of Herman v Herman, 11AD3d at 536). Eng, P.J., Mastro, Roman and Miller, JJ., concur.