DECISION & ORDER
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Paul M. Hensley, J.), dated October 28, 2022. The order denied, as untimely, the fathers objections to an order of the same court (Meridith Lafler, S.M.) dated July 19, 2022, which, after a hearing, and upon findings of fact, also dated July 19, 2022, dismissed his petition for a downward modification of his child support obligation.
ORDERED that the order dated October 28, 2022, is affirmed, with costs.
The parties are the parents of two children, born in 2008 and 2010, respectively. In July 2020, the father filed a petition seeking a downward modification of his child support obligation, alleging that he could not maintain his earning capacity due to serious, severe, and permanent personal injuries. In an order dated July 19, 2022, the Support Magistrate dismissed the petition, finding that the fathers decrease in earning capacity and income was voluntary.
Thereafter, the father filed objections to the Support Magistrates order. In an order dated October 28, 2022, the Family Court denied the fathers objections as untimely. The father appeals.
“ ‘Objections to an order of a Support Magistrate must be filed within 35 days after the date on which the order is mailed to the objecting party’ ” (Matter of Bosse v. Simpson, 173 A.D.3d 856, 857, 100 N.Y.S.3d 539, quoting Matter of Verzhbo v. Grubelich, 147 A.D.3d 864, 865, 46 N.Y.S.3d 423; see Family Ct Act § 439[e]).
Here, the Support Magistrates order contains a notation directly below the Support Magistrates signature indicating that it was mailed to the parties, as well as their respective attorneys, on July 28, 2022. The Support Magistrates order, on the same page above the Support Magistrates signature, also contains an instruction in capital letters stating that “written objections to [the] order may be filed ․ within 35 days of the mailing of the order.” Thus, the fathers objections filed on September 2, 2022, more than 35 days after the mailing of the Support Magistrates order, were untimely (see Matter of Jones v. Jones, 198 A.D.3d 779, 780, 152 N.Y.S.3d 625; Matter of Bosse v. Simpson, 173 A.D.3d at 857, 100 N.Y.S.3d 539; Matter of Tirado v. Maldonado, 154 A.D.3d 712, 713, 60 N.Y.S.3d 843).
Accordingly, the Family Court properly denied, as untimely, the fathers objections to the Support Magistrates order.
CONNOLLY, J.P., IANNACCI, GENOVESI and LOVE, JJ., concur