Opinion
May 24, 1993
Appeal from the Family Court, Nassau County (Balkin, J.).
Ordered that the order is affirmed, with costs.
A determination of substantial change of circumstances is a matter addressed to the discretion of the court with each case turning on its particular facts (Matter of Kronenberg v Kronenberg, 101 A.D.2d 951), and when a downward modification of support rests upon, in part, the credibility of the petitioner, "the determination of the trier of facts is to be accorded great weight" (Vant v Vant, 161 A.D.2d 636, 637). We find that there is no basis for interference with the Hearing Examiner's conclusions. The petitioner, who is seriously ill and disabled, and whose expenses exceed his income, has sufficiently demonstrated a substantial change in circumstances to warrant the elimination of the child support obligations. Under these circumstances, the Hearing Examiner did not improvidently exercise his discretion (cf., Conklin v Conklin, 90 A.D.2d 817; Klein v Klein, 55 A.D.2d 885).
We find no merit to the appellant's remaining contentions. Sullivan, J.P., Balletta, Lawrence and Joy, JJ., concur.