Foote v. Foote

Full title: MARY FOOTE, Appellant, v. MATTHEW C. FOOTE, Respondent

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

Date published: Nov 14, 1988

144 A.D.2d 432 (N.Y. App. Div. 1988)

Opinion

November 14, 1988

Appeal from the Supreme Court, Suffolk County (Fierro, J.).

Ordered that the order is affirmed, with costs.

We find, as did the Supreme Court, that the plaintiff alleged insufficient facts regarding a change of circumstances to justify a hearing, much less an upward modification in child support (see, Nordhauser v. Nordhauser, 130 A.D.2d 561; Hickland v Hickland, 56 A.D.2d 978).

We have considered the plaintiff's remaining contention and find it to be without merit. Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.