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Connolly v. Connolly

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 2007
39 A.D.3d 643 (N.Y. App. Div. 2007)

Opinion

Nos. 2006-07221, F-02001-05/05A.

April 10, 2007.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Rockland County (Warren, J.), entered June 30, 2006, which denied his objections to an order of the same court (Miklitsch, S.M.), dated February 28, 2006, which, after a hearing, denied his petition for a downward modification of his child support obligation.

Annette G. Hasapidis, South Salem, N.Y., for appellant.

Helen Connolly, New City, N.Y., respondent pro se.

Before: Crane, J.P., Krausman, Covello and Carni, JJ., concur.


Ordered that the order is affirmed, with costs.

The Family Court properly denied the father's objections to an order of the Support Magistrate denying his petition for a downward modification of his child support obligation set forth in a stipulation of settlement incorporated but not merged in the parties' judgment of divorce. The father failed to demonstrate an unreasonable and unanticipated change in circumstances since the time of the stipulation to justify a modification ( see Matter of Silver v Akerson, 34 AD3d 487, 488), or that his change in circumstance was not of his own making ( see Matter of Terjesen v Terjesen, 29 AD3d 705; Matter of Heyward v Goldman, 23 AD3d 468, 469).

The father's remaining contentions are without merit.


Summaries of

Connolly v. Connolly

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 2007
39 A.D.3d 643 (N.Y. App. Div. 2007)
Case details for

Connolly v. Connolly

Case Details

Full title:In the Matter of EDWARD CONNOLLY, Appellant, v. HELEN CONNOLLY, Respondent

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

Date published: Apr 10, 2007

Citations

39 A.D.3d 643 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3136
831 N.Y.S.2d 918

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