Matter of Kotsay v Demorest, 2024 NY Slip Op 02918 [227 AD3d 1080]
May 29, 2024
Appellate Division, Second Department
[*1]
In the Matter of Allison M. Kotsay, Respondent,
v
William J. Demorest, Appellant.
William J. Demorest, Center Moriches, NY, appellant pro se.
In a proceeding pursuant to Family Court Act article 4, the father appeals from (1) an order of disposition of the Family Court, Suffolk County (Melissa J. Willmott, S.M.), dated February 23, 2023, (2) an order of the same court also dated February 23, 2023, and (3) an order of the same court (Alfred C. Graf, J.) dated May 11, 2023. The order of disposition, after a hearing, directed the father to pay child support arrears in the sum of $39,700. The order dated February 23, 2023, directed the entry of a money judgment in favor of the mother and against the father in the principal sum of $39,700. The order dated May 11, 2023, denied the father’s objections to the order of disposition and the order dated February 23, 2023.
Ordered that the appeals from the order of disposition and the order dated February 23, 2023, are dismissed, without costs or disbursements, as those orders were superseded by the order dated May 11, 2023; and it is further, Ordered that the order dated May 11, 2023, is affirmed, without costs or disbursements.
The parties are the parents of one child, born in 2010. In an order dated July 29, 2013 (hereinafter the support order), the Family Court, upon the parties’ consent, inter alia, directed the father to pay child support in the sum of $175 per week to the mother. In December 2021, the mother filed a petition alleging that the father violated the support order. After a hearing, the Support Magistrate found, among other things, that the father owed child support arrears in the sum of $39,700 and issued an order of disposition dated February 23, 2023, directing the father to pay child support arrears in the sum of $39,700. In a separate order dated February 23, 2023, the Support Magistrate directed the entry of a money judgment in favor of the mother and against the father in the principal sum of $39,700. The father filed objections to the Support Magistrate’s orders, contending that he had made all required child support payments between March 2017 and October 2019, and requesting a credit for those payments when calculating his arrears. In an order dated May 11, 2023, the Family Court denied the father’s objections. The father appeals.
Here, the mother established that the father failed to pay child support as directed between March 2017 and October 2019. In opposition, the father failed to proffer credible evidence demonstrating that he paid child support as directed ( see Matter of Biancanello v Russano , 54 AD3d [*2] 853, 854 [2008]). Accordingly, the Family Court properly denied the father’s objections to the Support Magistrate’s orders. Brathwaite Nelson, J.P., Miller, Voutsinas and Taylor, JJ., concur..