Jeanne S. v. Salvatore S.

*331Family Court incorrectly denied the father’s objections to the Support Magistrate’s order as untimely where it does not appear that the father was ever served with a copy of that order with notice of entry (Family Ct Act § 439 [e]; Matter of Commissioner of Social Servs. v Dietrich, 208 AD2d 474, 474-475 [1994]). However, as Family Court indicated it would rule were it to reach the merits of the objections, although the child, under the terms of the parties’ separation agreement, may have been temporarily emancipated when he left the mother’s residence to live with the father, the father’s…