Opinion
January 17, 1983
In an action in which the parties were granted a dual divorce, plaintiff wife appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), dated June 25, 1982, which denied her motion for an order directing defendant husband to pay $100 per week for child support. Order affirmed, with $50 costs and disbursements. Plaintiff relied primarily on the holdings in Sessa v. Sessa ( 84 A.D.2d 786) and Bajak v. Bajak ( 71 A.D.2d 823) as authority for the bringing of an application for child support without a showing of an unanticipated change in circumstances. Such reliance is misplaced. In both Sessa and Bajak the applications were clearly based upon the needs of the children, and not upon "the mother * * * asserting her own interest in having the father contribute more to the financial burden of raising the child" (see Matter of Brescia v. Fitts, 56 N.Y.2d 132, 139). Hence, Special Term was correct in its reliance of Matter of Boden v. Boden ( 42 N.Y.2d 210) and Matter of Bender v. Bender ( 72 A.D.2d 745) in denying the motion. Mollen, P.J., Weinstein, Bracken and Rubin, JJ., concur.