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In The Matter Of Crystal S. Reaves v. Gregory L. Jones

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Rose, J.P.

Appeal from an order of the Family Court of Broome County (Connerton, J.), entered March 23, 2012, which, in a proceeding pursuant to Family Court Act article 4, among other things, denied respondent’s objections to the order of a Support Magistrate. Petitioner and respondent are the parents of a daughter (born in 2008). In November 2011, petitioner commenced this proceeding alleging that respondent was in violation of a court order mandating that he pay 50% of the child’s day-care expenses. After respondent failed to appear at the scheduled hearing, the Support Magistrate found him in willful violation of his child support obligation and entered a money judgment for the arrears. Respondent then wrote to Family Court objecting to the judgment and requesting another hearing. Family Court denied respondent’s objections based on his failure to move to vacate the default. The court further advised respondent that it would “forward [his] correspondence to the Support Magistrate for . . . consideration and for determination if it is sufficient to constitute a motion filed pursuant to [CPLR] 5015.” When respondent heard nothing further, he filed this appeal from Family Court’s order.

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