Gray v. Yorio

Appellate Division of the Supreme Court of New York

Gray v. Yorio

244 A.D.2d 184, 664 N.Y.S.2d 910, 1997 N.Y. App. Div. LEXIS 11382

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1997·Published·Cited by 1 cases

Opinion

—Appeal from order, Family Court, Bronx County (Peter Passidomo, H.O.), entered on or about March 13, 1995, which dismissed petitioner’s application for a downward modification of child support arrears, unanimously dismissed, without costs, as taken from a nonappealable order.

Determinations by a Hearing Examiner are not appealable (Family Ct Act § 439 [e]). Petitioner should have filed objections to the Hearing Examiner’s dismissal of his application with the Family Court, and then, if necessary, appealed from the Family Court order. Concur—Sullivan, J. P., Milonas, Rosenberger and Williams, JJ.

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—Appeal from order, Family Court, Bronx County (Peter Passidomo, H.O.), entered on or about March 13, 1995, which dismissed petitioner’s application for a downward modification of child support arrears, unanimously dismissed, without costs, as taken from a nonappealable order.

Determinations by a Hearing Examiner are not appealable (Family Ct Act § 439 [e]). Petitioner should have filed objections to the Hearing Examiner’s dismissal of his application with the Family Court, and then, if necessary, appealed from the Family Court order. Concur—Sullivan, J. P., Milonas, Rosenberger and Williams, JJ.

Gray v. Yorio, 244 A.D.2d 184, 664 N.Y.S.2d 910, 1997 N.Y. App. Div. LEXIS 11382 (N.Y. Ct. App. 1997).

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Opinion

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