IN RE: ALESSANDRA L. (2026)

Appeal from order, Family Court, New York County (Jomo C. Forrester, S.M.), entered on or about April 4, 2025, which dismissed petitioner mother's application for a temporary order of support directing respondent father to pay certain add-on expenses, including childcare and unreimbursed health care expenses, as well as counsel fees, unanimously dismissed, without costs, as taken from a nonappealable order.

Under Family Court Act § 439(e), a final order of a Support Magistrate can be appealed in accordance with article 11 of the Family Court Act “after objections and the rebuttal, if any, have been reviewed by a judge.”  Thus, no appeal lies from an order of a Support Magistrate;  rather, the proper procedure is to file objections to the order with the Family Court and then, if warranted, appeal from the resulting Family Court order (see Matter of Fifield v. Whiting, 118 A.D.3d 1072, 1073, 987 N.Y.S.2d 479 [3d Dept. 2014];  Matter of Semenova v. Semenov, 85 A.D.3d 1036, 1037, 925 N.Y.S.2d 872 [2d Dept. 2011];  see also Matter of Dallas C. v. Katrina J., 121 A.D.3d 456, 456–457, 993 N.Y.S.2d 493 [1st Dept. 2014] ).  The mother failed to file any objections to the Support Magistrate's order, and is therefore precluded from challenging that order before this Court (see Semenova, 85 A.D.3d at 1037, 925 N.Y.S.2d 872).