Clarissa C. v. Alexei G., 16280

CourtNew York Supreme Court Appellate Division
Citation2022 NY Slip Op 05266
Docket Number16280,Docket No. F18449-16/19A,Case No. 2021-03109
PartiesIn the Matter of Clarissa C., Petitioner-Respondent, v. Alexei G., Respondent-Appellant.
Decision Date27 September 2022

2022 NY Slip Op 05266

In the Matter of Clarissa C., Petitioner-Respondent,

Alexei G., Respondent-Appellant.

Appeal No. 16280, Docket No. F18449-16/19A, Case No. 2021-03109

Supreme Court of New York, First Department

September 27, 2022

Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.

Chemtob Moss Forman & Beyda, LLP, New York (Mudita Chawla of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

Order, Family Court, New York County (Gigi N. Parris, J.), entered on or about July 14, 2021, which denied as premature respondent father's objections to orders of the Support Magistrate (Kevin Mahoney, S.M.), dated April 12, 2021, which, after a hearing, found that he was in willful violation of a prior order of child support, recommended incarceration, and entered a money judgment against him in favor of petitioner mother, unanimously affirmed, without costs.

To challenge the determination that he willfully violated the support order, respondent's sole remedy was to await the final order of a Family Court Judge confirming the Support Magistrate's determination, and to appeal from that final order (see Matter of Addimando v Huerta, 147 A.D.3d 750, 751 [2d Dept 2017]). Instead, he chose to largely satisfy his support arrears before the purge period expired, thus obviating the need for referral to a Family Court Judge to confirm the Support Magistrate's finding that he willfully violated the support order (see Family Court Act § 439[a]). Since the Support Magistrate's finding of willful violation was never confirmed by a Family Court Judge, the issue is not properly before us on appeal (see Matter of Addimando, 147 A.D.3d at 751).

We have considered respondent's remaining contentions and find them unavailing.

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