Opinion
2001-08786
Submitted September 6, 2002.
September 24, 2002.
In a matrimonial action in which the parties were divorced by judgment dated January 26, 1998, the defendant appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Westchester County (Shapiro, J.), entered August 30, 2001, which, inter alia, denied that branch of his motion which was for a downward modification of his child support obligation.
S. Abrahams Associates, Esq., P.C., White Plains, N.Y., for appellant.
Kasowitz, Benson, Torres Friedman, LLP, New York, N.Y. (Helene Brezinsky and Paul M. Talbert of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
A party seeking downward modification of the child support terms of a stipulation of settlement must establish an unanticipated and unreasonable change in circumstances, and also must establish that such change was substantial (see Praeger v. Praeger, 162 A.D.2d 671). The Supreme Court providently exercised its discretion in denying that branch of the defendant's motion which was for downward modification. Even assuming the defendant, a medical doctor, is unable to perform surgery, the defendant did not establish that he diligently sought employment commensurate with his qualifications and experience (see Yepes v. Fichera, 230 A.D.2d 803).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.