Opinion
No. CA 10-01542.
February 10, 2011.
Appeal from an order of the Supreme Court, Onondaga County (Kevin G. Young, J.), entered October 29, 2009 in a divorce action. The order, inter alia, denied the motion of defendant for a downward modification of support and maintenance.
FINOCCHIO ENGLISH, ESQS., SYRACUSE, D.J. J.A. CIRANDO, ESQS. (ELIZABETH deV. MOELLER OF COUNSEL), FOR DEFENDANT-APPELLANT.
JAMES E. CORL, JR., CICERO (J. SCOTT PORTER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
SHERENE PAVONE, ATTORNEY FOR THE CHILDREN, MANLIUS, FOR JESSICA A.S.J. AND JOANNA S.J.
Present — Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously modified in the exercise of discretion by vacating the fourth ordering paragraph and as modified the order is affirmed without costs.
Same memorandum as in Jelfo v Jelfo ( 81 AD3d 1255).