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Emanuel v. Hutchinson

Supreme Court, Appellate Division, Second Department, New York.
Dec 22, 2021
200 A.D.3d 1017 (N.Y. App. Div. 2021)

Opinion

2021–05409 Docket No. F–2651–17/20D

12-22-2021

In the Matter of Clifford EMANUEL, appellant, v. Severina HUTCHINSON, respondent.

Adam Seiden, Mount Vernon, NY, for appellant.


Adam Seiden, Mount Vernon, NY, for appellant.

ROBERT J. MILLER, J.P., COLLEEN D. DUFFY, JOSEPH A. ZAYAS, LARA J. GENOVESI, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Wayne A. Humphrey, J.), dated June 29, 2021. The order denied the father's objections to an order of the same court (Rosa Cabanillas–Thompson, S.M.) dated April 7, 2021, which, after a hearing, denied his petition for a downward modification of his child support obligation.

ORDERED that the order dated June 29, 2021, is affirmed, without costs or disbursements.

Contrary to the father's contentions, the Family Court properly denied his objections to an order of the Support Magistrate dated April 7, 2021, which, after a hearing, denied his petition for a downward modification of his child support obligation (see Matter of Clarke v. Clarke, 193 A.D.3d 929, 142 N.Y.S.3d 432 ).

In support of his petition, the father failed to demonstrate the existence of a substantial change in circumstances, or that there had been an involuntary reduction in his income by 15% or more since the entry of the order of support (see Family Ct Act § 451[3] ; Matter of Clarke v. Clarke, 193 A.D.3d 929, 142 N.Y.S.3d 432 ).

The father's remaining contentions are either without merit or unpreserved for appellate review.

MILLER, J.P., DUFFY, ZAYAS and GENOVESI, JJ., concur.


Summaries of

Emanuel v. Hutchinson

Supreme Court, Appellate Division, Second Department, New York.
Dec 22, 2021
200 A.D.3d 1017 (N.Y. App. Div. 2021)
Case details for

Emanuel v. Hutchinson

Case Details

Full title:In the Matter of Clifford EMANUEL, appellant, v. Severina HUTCHINSON…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Dec 22, 2021

Citations

200 A.D.3d 1017 (N.Y. App. Div. 2021)
200 A.D.3d 1017