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Emanuel v. Hutchinson

Supreme Court of New York
Dec 22, 2021
2021 N.Y. Slip Op. 7317 (N.Y. Sup. Ct. 2021)

Opinion

Docket No. F-2651-17/20D No. 2021-05409

12-22-2021

In the Matter of Clifford Emanuel, appellant, v. Severina Hutchinson, respondent. Docket No. F-2651-17/20D

Adam Seiden, Mount Vernon, NY, for appellant.


Submitted - November 23, 2021

D68137 M/afa

Adam Seiden, Mount Vernon, NY, for appellant.

ROBERT J. MILLER, J.P. COLLEEN D. DUFFY JOSEPH A. ZAYAS LARA J. GENOVESI, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Wayne A. Humphrey, J.), dated June 29, 2021. The order denied the father's objections to an order of the same court (Rosa Cabanillas-Thompson, S.M.) dated April 7, 2021, which, after a hearing, denied his petition for a downward modification of his child support obligation.

ORDERED that the order dated June 29, 2021, is affirmed, without costs or disbursements.

Contrary to the father's contentions, the Family Court properly denied his objections to an order of the Support Magistrate dated April 7, 2021, which, after a hearing, denied his petition for a downward modification of his child support obligation (see Matter of Clarke v Clarke, 193 A.D.3d 929).

In support of his petition, the father failed to demonstrate the existence of a substantial change in circumstances, or that there had been an involuntary reduction in his income by 15% or more since the entry of the order of support (see Family Ct Act § 451[3]; Matter of Clarke v Clarke, 193 A.D.3d 929). The father's remaining contentions are either without merit or unpreserved for appellate review.

MILLER, JP, DUFFY, ZAYAS and GENOVESI, JJ, concur.


Summaries of

Emanuel v. Hutchinson

Supreme Court of New York
Dec 22, 2021
2021 N.Y. Slip Op. 7317 (N.Y. Sup. Ct. 2021)
Case details for

Emanuel v. Hutchinson

Case Details

Full title:In the Matter of Clifford Emanuel, appellant, v. Severina Hutchinson…

Court:Supreme Court of New York

Date published: Dec 22, 2021

Citations

2021 N.Y. Slip Op. 7317 (N.Y. Sup. Ct. 2021)