Opinion
CAF 04-00478
December 30, 2004.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered May 9, 2003 in a proceeding pursuant to Family Ct Act article 4. The order denied petitioner's objections to the order of the Hearing Examiner.
Before: Green, J.P., Scudder, Gorski, Lawton and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Family Court properly denied the objections of petitioner to the Hearing Examiner's order dismissing his petition seeking a downward modification of his child support obligation. Petitioner failed to meet his burden of establishing an unanticipated or unreasonable change of circumstances warranting that relief ( see Leroy v. Leroy, 298 AD2d 923, 923-924; Matter of De Luca v. Randall, 285 AD2d 684, 686). Petitioner also failed to establish good cause for termination of the income execution issued by the support collection unit ( see Family Ct Act § 440 [b] [1]). Finally, the Hearing Examiner did not abuse her discretion in denying petitioner's request that she recuse herself ( see Matter of Herald v. Herald, 305 AD2d 1080).