IN RE: John M. RONDELLO (2024)

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the petitioner appeals from an order of the Family Court, Suffolk County (Alfred C. Graf, J.), dated May 15, 2023.  The order denied, as untimely, the petitioner's objections to an order of the same court (Jennifer Ann Mendelsohn, S.M.) dated April 3, 2023, which, after a hearing, dismissed his petition for a downward modification of his spousal support obligation.

ORDERED that the order dated May 15, 2023, is affirmed, with costs.

In February 2022, the petitioner filed a petition for a downward modification of his spousal support obligation.  After a hearing, in an order dated April 3, 2023, the Support Magistrate dismissed the petition.  The petitioner filed objections to the Support Magistrate's order.  In an order dated May 15, 2023, the Family Court denied the petitioner's objections as untimely.  The petitioner appeals.

Pursuant to Family Court Act § 439(e), objections to an order of a support magistrate must be filed within 35 days after the mailing of the order to the aggrieved party (see Matter of Tobar v. Wheeler, 223 A.D.3d 910, 910, 202 N.Y.S.3d 461).  On appeal, the petitioner does not challenge the Family Court's determination that his objections to the Support Magistrate's order were untimely filed.  Thus, the order denying the petitioner's objections must be affirmed (see Matter of Lombardo v. Thomas, 53 A.D.3d 549, 549, 859 N.Y.S.2d 873).

DUFFY, J.P., BARROS, WAN and LANDICINO, JJ., concur.