IN RE: Constance A. BODOUVA (2008)

In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Eisman, J.), dated April 28, 2007, which denied, as untimely, his objections to an order of the same court (Miller, S.M.), dated March 5, 2007, which granted the mother an award of an attorney's fee.

ORDERED that the order is affirmed, without costs or disbursements.

Objections to an order of a Support Magistrate must be filed within 35 days of the date on which the order is mailed to the objecting party (see Family Ct. Act § 439[e];  Matter of Hodges v. Hodges, 40 A.D.3d 639, 833 N.Y.S.2d 396;  Matter of Miller v. Smith, 7 A.D.3d 629, 775 N.Y.S.2d 900;  Matter of Mayeri v. Mayeri, 279 A.D.2d 473, 719 N.Y.S.2d 582).   Here, the order was mailed to the father on March 7, 2007, but his objections were not filed until 36 days later, on April 12, 2007.   Since the father did not timely file written objections to the Support Magistrate's order, the Family Court properly denied as untimely and refused to consider the objections (see Matter of Hodges v. Hodges, 40 A.D.3d at 639, 833 N.Y.S.2d 396;  Matter of Miller v. Smith, 7 A.D.3d at 629, 775 N.Y.S.2d 900;  Matter of Chambers v. Chambers, 305 A.D.2d 672, 673, 760 N.Y.S.2d 212;  Matter of Mayeri v. Mayeri, 279 A.D.2d at 473, 719 N.Y.S.2d 582).