Opinion
March 17, 1986
Appeal from the Family Court, Nassau County (Diamond, J.).
Order reversed, on the law, with costs, application denied, and the support provisions of the order dated April 5, 1983 reinstated.
The Family Court erred in granting the respondent's application for a downward modification in view of the failure of the record to reveal an unanticipated change in circumstances sufficient to excuse compliance with the terms of a consent order whose fairness, when it was entered into, was unquestioned (see, Matter of Lamaitis v. Mitchell, 80 A.D.2d 715, 716). Moreover, although the petitioner was habitually living with another man, there was not one scintilla of proof that she, by word or conduct, held herself out as his wife (see, Northrup v Northrup, 43 N.Y.2d 566; Smith v. Smith, 88 A.D.2d 658; Miklowitz v. Miklowitz, 79 A.D.2d 795, lv denied 53 N.Y.2d 604; Chalom v Chalom, 70 A.D.2d 944, appeal dismissed 48 N.Y.2d 654; West v West, 61 A.D.2d 841). Brown, J.P., Weinstein, Niehoff and Eiber, JJ., concur.