PRESENT: MARTOCHE, J. P., SMITH, FAHEY, PERADOTTO, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-01661
DOCKET NOS. F-01758-02/08G, F-01758-02/08I

MATTER OF LAURIE J. WHITING, PETITIONER-RESPONDENT, V JOSEPH J. PALUMBO, RESPONDENT-APPELLANT.

An appeal having sought to be taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on June 23, 2009, and respondent-appellant having moved for permission to file and serve an amended notice of appeal,

Now, upon reading and filing the affidavit of Robert Rickert, Esq., sworn to August 10, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied on the ground that the order sought to be appealed is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and

It is further ORDERED that the appeal taken herein from the order of Family Court entered July 13, 2009, is dismissed on the ground that no appeal lies directly from the order of a support magistrate (see Family Court Act § 439 [e]).

Memorandum: Appellant's remedy, if aggrieved, is to timely appeal both from the order issued following confirmation proceedings regarding the support magistrate's finding of a wilful violation and from the order determining appellant's objections to the support magistrate's dismissal of his modification petition.

Entered: September 9, 2009

PATRICIA L. MORGAN, Clerk