Anotin v. Abraham, 2018-10604
| Decision Date | 26 June 2019 |
| Docket Number | Docket No. F-1191-18,2018-10604 |
| Citation | 173 A.D.3d 1169,101 N.Y.S.3d 622 (Mem) |
| Court | New York Supreme Court — Appellate Division |
| Parties | In the Matter of Beverly ANOTIN, Respondent, v. Jerry ABRAHAM, Appellant. |
Jerry Abraham, Westbury, NY, appellant pro se.
WILLIAM F. MASTRO, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Ayesha K. Brantley, J.), dated July 30, 2018. The order denied the father's objections to an order of the same court (Elizabeth A. Bloom, S.M.) dated May 29, 2018, which directed him to pay $635.58 per month in basic child support and $51 per month for child care expenses for the two subject children.
ORDERED that the order dated July 30, 2018, is affirmed, without costs or disbursements.
The mother commenced this proceeding against the father to establish child support for the parties' two children. The parties appeared before a Support Magistrate on May 29, 2018, and the father claimed that personal jurisdiction was not acquired over him, contending that his name was incorrectly written in the caption. Following a fact-finding hearing, the Support Magistrate issued an order dated May 29, 2018, which directed the father to pay $635.58 per month in basic child support and $51 per month for child care expenses. The father filed objections to the order, again contending that the Family Court lacked personal jurisdiction over him. By order dated July 30, 2018, the court denied the father's objections. We affirm.
We agree with the Family Court's determination that personal jurisdiction was obtained over the father in the proceeding based upon the evidence before it, specifically, a Sheriff's Certificate of Service indicating that the father was personally served at his residence with the summons and petition. The father did not raise any legitimate argument that he was not served at the time and place indicated in the Sheriff's Certificate of Service (see generally Matter of Haber v. Haber, 306 A.D.2d 282, 760 N.Y.S.2d 352 ). An error in how his name was written in the caption would not have affected his rights, since personal service was effected on him (cf. Guarino v. West–Put Contr. Co., 289 A.D.2d 290, 734 N.Y.S.2d 499 ), and he was not misled by the alleged error. In any case, the father never established that his name was misstated in...
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