Opinion
2013-04-9
In re JULISSA A., Petitioner–Appellant, v. MARTIN O., Respondent–Respondent.
Daniel R. Katz, New York, for appellant.
, J.P., ACOSTA, RENWICK, RICHTER, GISCHE, JJ.
Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about January 4, 2012, which denied appellant-mother's objection to an order, same court (Paul Ryneski, Support Magistrate), entered on or about December 1, 2011, dismissing her petition for modification of an order of support entered upon her default, unanimously affirmed, without costs.
Although appellant may petition the court to modify her child support obligation despite failing to first move to vacate the September 22, 2011 order, which was entered upon her default ( see Matter of Forte v. Forte, 304 A.D.2d 577, 577–578, 758 N.Y.S.2d 130 [2d Dept. 2003] ), the court properly dismissed the modification petition. Appellant failed to demonstrate the existence of a substantial change in circumstances since the prior support proceeding which took place approximately one week before ( see Matter of Figueroa v. Herring, 61 A.D.3d 976, 977, 879 N.Y.S.2d 150 [2d Dept. 2009], lv. denied13 N.Y.3d 703, 2009 WL 2779136 [2009];Matter of Commissioner of Social Servs. v. Campos, 291 A.D.2d 203, 204–205, 737 N.Y.S.2d 341 [1st Dept. 2002] ).