Matter of Liberatore v Liberatore
2012 NY Slip Op 05744 [97 AD3d 821]
July 25, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


In the Matter of Barbara Liberatore, Appellant,
v
Louis Liberatore, Respondent.

—[*1] Barbara Liberatore, Monroe, N.Y., appellant pro se.

Louis Liberatore, Ellenville, N.Y., respondent pro se.

In a proceeding, inter alia, for a downward modification of child support, the petitioner appeals from an order of the Family Court, Orange County (Klein, J.), entered September 15, 2011, which denied her objections.

Ordered that the order is affirmed, with costs.

Since, at the time the mother filed her objections, there was no "final order" of a Support Magistrate determining the mother's petition for a downward modification of child support, her objections were premature (Family Ct Act § 439 [e]). To the extent that the mother challenges earlier child support orders, her objections were untimely (see Matter of Hodges v Hodges, 40 AD3d 639 [2007]). Skelos, J.P., Balkin, Lott and Miller, JJ., concur.