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In the Matter of Padilla v. Padilla

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 2003
308 A.D.2d 591 (N.Y. App. Div. 2003)

Opinion

2002-10047

Submitted September 2, 2003.

September 29, 2003.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Dounias, J.), entered September 25, 2002, as denied his objections to an order of the same court (Buse, H.E.), entered July 19, 2002, which granted the mother's motion to dismiss his petition for a downward modification of his child support obligation.

Joseph A. Miller III, West Sayville, N.Y., for appellant.

Reynolds, Caronia, Gianelli Hagney, LLP, Hauppauge, N.Y. (James F. Hagney of counsel), for respondent.

Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Family Court correctly determined that the father failed to allege a "substantial" and "unanticipated and unreasonable change in circumstances" ( Matter of Boden v. Boden, 42 N.Y.2d 210, 213; Praeger v. Praeger, 162 A.D.2d 671, 673) in his petition for a downward modification of his child support obligation ( see Beard v. Beard, 300 A.D.2d 268; Matter of Horan v. Horan, 279 A.D.2d 577; Epel v. Epel, 139 A.D.2d 488).

RITTER, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.


Summaries of

In the Matter of Padilla v. Padilla

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 2003
308 A.D.2d 591 (N.Y. App. Div. 2003)
Case details for

In the Matter of Padilla v. Padilla

Case Details

Full title:IN THE MATTER OF PATRICIA A. PADILLA, respondent, v. RONALD D. PADILLA…

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

Date published: Sep 29, 2003

Citations

308 A.D.2d 591 (N.Y. App. Div. 2003)
765 N.Y.S.2d 520

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