Jordan v. Horstmeyer, 523055.

CourtNew York Supreme Court Appellate Division
Citation60 N.Y.S.3d 549,152 A.D.3d 1097
Docket Number523055.
Parties In the Matter of Andrea Teress JORDAN, Appellant, v. Andrew Michael HORSTMEYER, Respondent.
Decision Date27 July 2017

152 A.D.3d 1097
60 N.Y.S.3d 549

In the Matter of Andrea Teress JORDAN, Appellant,
v.
Andrew Michael HORSTMEYER, Respondent.

523055.

Supreme Court, Appellate Division, Third Department, New York.

July 27, 2017.


60 N.Y.S.3d 549

Law Offices of Jay A. Kaplan, Kingston (Jay A. Kaplan of counsel), for appellant.

Andrew Michael Horstmeyer, Rhinecliff, respondent pro se.

Before: McCARTHY, J.P., EGAN JR., LYNCH, DEVINE and CLARK, JJ.

Motion for reconsideration.

Upon the papers filed in support of the motion, no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, and the memorandum and order decided and entered April 13, 2017 is vacated, and the attached memorandum and order is substituted therefor.

DEVINE, J.

Appeals (1) from an order of the Family Court of Ulster County (Stegmayer, S.M.), entered August 4, 2015, which, in a proceeding pursuant to Family Ct. Act article 4, among other things, awarded counsel

60 N.Y.S.3d 550

fees to petitioner, and (2) from an order of said court (McGinty, J.), dated October 19, 2015, which denied petitioner's objections to the counsel fee award.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the parents of a son (born in 2009). The child is in the care of the mother and a support order issued in 2013 required the father to, among other things, reimburse the mother for 42% of her child care expenses.

The mother filed a petition in 2015 alleging that the father had willfully violated the 2013 order in that regard and seeking an award of arrears and counsel fees. The Support Magistrate, upon the parties' stipulation, found the father to be in willful violation of the 2013 order and directed judgment against him for $7,100 in arrears. The parties agreed that an award of counsel fees to the mother was called for but could not agree on the amount, instead agreeing to allow the Support Magistrate to determine the award on papers. The Support Magistrate thereafter ordered the father to pay the mother $9,395.13 in counsel fees on an installment basis—less than the amount she had requested—and failed to direct that the fee award be reduced to a judgment as called for by the parties' stipulation. The mother appeals from both that order and the subsequent Family Court order denying her objections to it.

The mother endeavors to appeal directly from the order of the Support Magistrate but, inasmuch as that order was superceded by the order of Family Court addressing her objections to it, she may not do so (see Family Ct. Act § 439[e] ; Matter of Corry v. Corry, 59 A.D.3d 618, 618, 875 N.Y.S.2d 87 [2009] ; Matter of Freedman

v. Horike, 26 A.D.3d 680, 681 n., 809 N.Y.S.2d 649 [2006] ; Matter of Armstrong v. Belrose, 9 A.D.3d 625, 626 n. 2, 779 N.Y.S.2d 662 [2004] ). As for the mother's appeal from the order of Family Court, the record...

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6 cases
  • Wash. Cnty. Dep't of Soc. Servs. ex rel. Vernon v. Oudekerk
    • United States
    • New York Supreme Court Appellate Division
    • May 5, 2022
    ...187, 454 N.E.2d 527 [1983] [citations omitted]; see CPLR 5513, 5515 ; Family Ct Act §§ 1115, 1118 ; Matter of Jordan v. Horstmeyer, 152 A.D.3d 1097, 1098 n., 60 N.Y.S.3d 549 [2017] ). An appeal is taken from a Family Court order by filing an "original notice of appeal with the clerk of the ......
  • Wash. Cnty. Dep't of Soc. Servs. v. Jason T. (In re Hailey S.)
    • United States
    • New York Supreme Court Appellate Division
    • November 25, 2020
    ...to an order is not aggrieved except to the extent that it differs from or exceeds the consent (see Matter of Jordan v. Horstmeyer, 152 A.D.3d 1097, 1098, 60 N.Y.S.3d 549 [2017] ). A review of the record shows that, at the dispositional hearing, respondent consented to a finding of neglect a......
  • Nematy v. Pirzada, 525016
    • United States
    • New York Supreme Court Appellate Division
    • October 18, 2018
    ...168 [2017] [citations omitted] ). As the father did not do so, the appeal must be dismissed (see Matter of Jordan v. Horstmeyer, 152 A.D.3d 1097, 1097–1098, 60 N.Y.S.3d 549 [2017] ; Matter of Feliz v. Rojas, 21 A.D.3d 373, 374, 800 N.Y.S.2d 187 [2005] ; Matter of Armstrong v. Belrose, 9 A.D......
  • Wash. Cnty. Dep't of Soc. Servs. v. Oudekerk
    • United States
    • New York Supreme Court Appellate Division
    • May 5, 2022
    ...New York, 60 N.Y.2d 57, 61 [1983] [citations omitted]; see CPLR 5513, 5515; Family Ct Act §§ 1115, 1118; Matter of Jordan v Horstmeyer, 152 A.D.3d 1097, 1098 n [2017]). An appeal is taken from a Family Court order by filing an "original notice of appeal with the clerk of the family court in......
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