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In the Matter of Corr v. Corr

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 2004
3 A.D.3d 567 (N.Y. App. Div. 2004)

Opinion

2003-02384.

Decided January 26, 2004.

In a support proceeding pursuant to Family Court Act article 4, the former husband appeals from an order of the Family Court, Nassau County (Balkin, J.), dated February 10, 2003, which denied his objections to so much of an order of the same court (Watson, H.E.), dated December 5, 2002, as, after a hearing, denied his application for a downward modification of payments to the former wife for upkeep of the marital home.

Moran Brodrick, Garden City, N.Y. (Thomas A. Elliot of counsel), for appellant.

Allan S. Botter, Garden City, N.Y. (Paula Schwartz Frome of counsel), for respondent.

Before: WILLIAM F. MASTRO and REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellant's contention that the Hearing Examiner applied the incorrect standard in denying his application for a downward modification of his spousal maintenance obligation is unpreserved for appellate review as that issue was not raised in his objections to the hearing examiner's determination ( see Matter of Elia v. Elia, 299 A.D.2d 358). In any event, the appellant failed to establish a substantial change in circumstances warranting downward modification ( see Burke v. Burke, 265 A.D.2d 285; Klapper v. Klapper, 204 A.D.2d 518).

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

ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.


Summaries of

In the Matter of Corr v. Corr

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 2004
3 A.D.3d 567 (N.Y. App. Div. 2004)
Case details for

In the Matter of Corr v. Corr

Case Details

Full title:IN THE MATTER OF MADELINE CORR, respondent, v. STEPHEN CORR, appellant…

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

Date published: Jan 26, 2004

Citations

3 A.D.3d 567 (N.Y. App. Div. 2004)
770 N.Y.S.2d 649

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