Opinion
June 7, 1991
Appeal from the Supreme Court, Ontario County, Henry, Jr., J.
Present — Dillon, P.J., Denman, Lawton, Lowery and Davis, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and application denied. Memorandum: Defendant contends that Supreme Court erred in granting plaintiff's application for an upward modification of the child support provided in the parties' separation agreement. We agree. Plaintiff's proof failed to establish either an unanticipated and unreasonable change of circumstances (see, Matter of Boden v Boden, 42 N.Y.2d 210, 213), or a change warranting an upward modification in the best interest of the children (see, Matter of Michaels v Michaels, 56 N.Y.2d 924; Matter of Brescia v Fitts, 56 N.Y.2d 132).