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Matter of Palmieri v. LaConti

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2001
282 A.D.2d 538 (N.Y. App. Div. 2001)

Opinion

Submitted March 19, 2001

April 5, 2001.

In a child support proceeding pursuant to Family Court Act article 4, the petitioner appeals from an order of the Family Court, Suffolk County (McElligott, J.), entered January 19, 2000, which denied her objections to an order of the same court (Lynaugh, H.E.), entered July 7, 1999, which, after a hearing, inter alia, granted the respondent's motion for a downward modification of his child support obligation.

Lewis A. Silverman, Huntington, N.Y., for appellant.

Fass Kimack, LLP, Garden City, N.Y. (Robin W. Levine of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the petitioner's contention, the Hearing Examiner providently exercised her discretion in determining that the respondent was entitled to a downward modification of his child support obligation (see, Adinolfi v. Adinolfi, 242 A.D.2d 311; Stempler v. Stempler, 200 A.D.2d 733; Matter of King v. King, 193 A.D.2d 800). The evidence demonstrated an unanticipated and substantial change in the respondent's circumstances after the determination of the child support obligation in 1996.

The petitioner's remaining contentions are without merit.


Summaries of

Matter of Palmieri v. LaConti

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2001
282 A.D.2d 538 (N.Y. App. Div. 2001)
Case details for

Matter of Palmieri v. LaConti

Case Details

Full title:IN THE MATTER OF THERESA PALMIERI, APPELLANT, v. NICHOLAS LaCONTI…

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

Date published: Apr 5, 2001

Citations

282 A.D.2d 538 (N.Y. App. Div. 2001)
722 N.Y.S.2d 768