IN THE MATTER OF JASMINE MALDONADO V THOMAS C. CAPPETTA
Motion No: CAF 20-00200 and CAF 20-00218
Slip Opinion No: 2020 NY Slip Op 63714(U)
Decided on February 24, 2020
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


February 24, 2020

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CAF 20-00200 and CAF 20-00218
Docket No: F-00891-06/17F, F-00891-06/19G

IN THE MATTER OF JASMINE MALDONADO,

PETITIONER-RESPONDENT,

V

THOMAS C. CAPPETTA, RESPONDENT-APPELLANT.


Respondent-appellant having applied for an extension of time to perfect the appeals taken herein from orders of the Family Court, Oswego County, entered July 16, 2019, and July 12, 2019,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal filed August 16, 2019, shall be treated as valid as to the order of Family Court entered July 12, 2019, and

It is further ORDERED that the appeal taken from the order of Family Court entered July 16, 2019 (CAF 20-00200) is dismissed on the ground that no appeal lies from the order of a support magistrate unless objections are filed and the order is reviewed by a Family Court Judge (see Family Court Act § 439 [e]), and the application with respect to that appeal is dismissed, and

It is further ORDERED that the application insofar as it seeks an extension of time to perfect the appeal taken from the order of Family Court entered July 12, 2019 (CAF 20-00218) is granted, the time to perfect the appeal is extended to April 15, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 24, 2020

Mark W. Bennett

Clerk of the Court