Opinion
September 27, 1984
Appeal from the Family Court of St. Lawrence County (Follett, J.).
When this case was previously before this court, we concluded that the record before us indicated that petitioner left his more lucrative employment for other than valid vocational reasons, and we reversed the order of Family Court ( Matter of Dupree v Dupree, 98 A.D.2d 898). However, the Court of Appeals determined that Family Court did not rely on this ground, but rather relied on petitioner's inability to return to his prior position, his limited vocational skills and his inability to continue to make weekly $100 support payments on his present income. The Court of Appeals further concluded that it could not be said, as a matter of law, that Family Court erred in exercising its discretion to modify the support obligation on this ground inasmuch as it could be found that the husband was unable to provide support at the original level. The case was remitted to this court for the exercise of its discretion ( Matter of Dupree v Dupree, 62 N.Y.2d 1009).
Accordingly, we affirm the order of Family Court.
Order affirmed, without costs. Main, J.P., Casey, Mikoll, Levine and Harvey, JJ., concur.