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In the Matter of Hanlon v. Hanlon

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 2003
303 A.D.2d 505 (N.Y. App. Div. 2003)

Opinion

2002-02809

Submitted January 27, 2003.

March 10, 2003.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Westchester County (Horowitz, J.), entered February 27, 2002, as denied his objections to an order of the same court (Kava, H.E.), entered October 11, 2001, which denied his motion, in effect, for a downward modification of his child support obligation. Justice Mastro has been substituted for the late Justice O'Brien (see 22 NYCRR 670.1[c]).

Tyre DeThomas, Rye, N.Y. (Margaret H. Tyre of counsel), for appellant.

Schreffler Associates, New York, N.Y. (Neil F. Schreffler of counsel), for respondent.

Before: SONDRA MILLER, J.P., WILLIAM D. FRIEDMANN, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Family Court properly denied the father's objections to the order entered October 11, 2001. The father failed to demonstrate that a substantial, unanticipated, and unreasonable change in circumstances warranted a downward modification of his child support obligation (see Beard v. Beard, 300 A.D.2d 268 [2d Dept, Dec. 2, 2002]; Linder v. Linder, 297 A.D.2d 711; Matter of Harris v. Harris, 229 A.D.2d 439; Quilty v. Quilty, 169 A.D.2d 979; Praeger v. Praeger, 162 A.D.2d 671; Cashin v. Cashin, 131 A.D.2d 716).

The father's remaining contention is without merit (see Matter of Bolotnikov v. Bolotnikov, 262 A.D.2d 318; Giryluk v. Giryluk, 149 A.D.2d 665; Besharov, Practice Commentaries, McKinney's Cons Laws of NY, Book 29A, Family Court Act § 451 at 482-483).

S. MILLER, J.P., FRIEDMANN, COZIER and MASTRO, JJ., concur.


Summaries of

In the Matter of Hanlon v. Hanlon

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 2003
303 A.D.2d 505 (N.Y. App. Div. 2003)
Case details for

In the Matter of Hanlon v. Hanlon

Case Details

Full title:IN THE MATTER OF JILL SUSAN HANLON, respondent, v. RICHARD JOSEPH HANLON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 10, 2003

Citations

303 A.D.2d 505 (N.Y. App. Div. 2003)
756 N.Y.S.2d 438

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