§ 439. Support magistrates. * (a) The chief administrator of the\ncourts shall provide, in accordance with subdivision (f) of this\nsection, for the appointment of a sufficient number of support\nmagistrates to hear and determine support proceedings. Except as\nhereinafter provided, support magistrates shall be empowered to hear,\ndetermine and grant any relief within the powers of the court in any\nproceeding under this article, articles five, five-A, five-B and five-C\nand sections two hundred thirty-four and two hundred thirty-five of this\nact, and objections raised pursuant to section five thousand two hundred\nforty-one of the civil practice law and rules. Support magistrates shall\nnot be empowered to hear, determine and grant any relief with respect to\nissues specified in section four hundred fifty-five of this article,\nissues of contested parentage involving claims of equitable estoppel,\ncustody, visitation including visitation as a defense, determinations of\nparentage made pursuant to section 581-407 of this act, and orders of\nprotection or exclusive possession of the home, which shall be referred\nto a judge as provided in subdivision (b) or (c) of this section. Where\nan order of filiation is issued by a judge in a paternity proceeding and\nchild support is in issue, the judge, or support magistrate upon\nreferral from the judge, shall be authorized to immediately make a\ntemporary or final order of support, as applicable. A support magistrate\nshall have the authority to hear and decide motions and issue summonses\nand subpoenas to produce persons pursuant to section one hundred\nfifty-three of this act, hear and decide proceedings and issue any order\nauthorized by subdivision (g) of section five thousand two hundred\nforty-one of the civil practice law and rules, issue subpoenas to\nproduce prisoners pursuant to section two thousand three hundred two of\nthe civil practice law and rules and make a determination that any\nperson before the support magistrate is in violation of an order of the\ncourt as authorized by section one hundred fifty-six of this act subject\nto confirmation by a judge of the court who shall impose any punishment\nfor such violation as provided by law. A determination by a support\nmagistrate that a person is in willful violation of an order under\nsubdivision three of section four hundred fifty-four of this article and\nthat recommends commitment shall be transmitted to the parties,\naccompanied by findings of fact, but the determination shall have no\nforce and effect until confirmed by a judge of the court.\n * NB Effective until August 31, 2027\n * (a) The chief administrator of the courts shall provide, in\naccordance with subdivision (f) of this section, for the appointment of\na sufficient number of support magistrates to hear and determine support\nproceedings. Except as hereinafter provided, support magistrates shall\nbe empowered to hear, determine and grant any relief within the powers\nof the court in any proceeding under this article, articles five,\nfive-A, and five-B and sections two hundred thirty-four and two hundred\nthirty-five of this act, and objections raised pursuant to section five\nthousand two hundred forty-one of the civil practice law and rules.\nSupport magistrates shall not be empowered to hear, determine and grant\nany relief with respect to issues specified in section four hundred\nfifty-five of this article, issues of contested paternity involving\nclaims of equitable estoppel, custody, visitation including visitation\nas a defense, and orders of protection or exclusive possession of the\nhome, which shall be referred to a judge as provided in subdivision (b)\nor (c) of this section. Where an order of filiation is issued by a judge\nin a paternity proceeding and child support is in issue, the judge, or\nsupport magistrate upon referral from the judge, shall be authorized to\nimmediately make a temporary or final order of support, as applicable. A\ns
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