Opinion
December 31, 1998
Appeal from Order of Niagara County Family Court, Crapsi, J. — Support.
Order unanimously affirmed without costs. Memorandum: Family Court did not err in dismissing the petition for an upward modification of respondent's child support obligation pursuant to Matter of Brescia v. Fitts ( 56 N.Y.2d 132). Petitioner failed to establish that the child's basic needs were not being adequately met (see, Tuchrello v. Tuchrello, 204 A.D.2d 1020, 1021; Matter of Hulik v. Hulik, 201 A.D.2d 909, 910; see also, Demske v. Demske, 245 A.D.2d 1031).
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.