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MICHAEL v. ELSA

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 1993
199 A.D.2d 81 (N.Y. App. Div. 1993)

Opinion

December 14, 1993

Appeal from the Family Court, New York County (Leah Marks, J.).


The Hearing Examiner properly concluded that a change in the financial circumstances of the parties, specifically respondent's substantial reduction and petitioner's modest increase in earnings, warranted an increase in petitioner's child support from $65 a week to $100 a week (see, Matter of Brescia v Fitts, 56 N.Y.2d 132). Petitioner has failed to rebut the presumption that application of the guidelines set forth in the Child Support Standards Act (Family Ct Act § 413 [f] [1]-[10]) yielded the correct amount of support, and, to the extent petitioner argues that strict application of the guidelines will cause him financial hardship, we accord deference to the Hearing Examiner's assessment of the parties' credibility and the evidence presented (see, Matter of Maddox v Doty, 186 A.D.2d 135). We have considered petitioner's other arguments, and we find them to be without merit (see, Stern v Stern, 59 A.D.2d 857). The court properly refused to recuse itself as there was no showing of bias or conflict of interest (Judiciary Law § 14).

Concur — Murphy, P.J., Sullivan, Ross and Asch, JJ.


Summaries of

MICHAEL v. ELSA

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 1993
199 A.D.2d 81 (N.Y. App. Div. 1993)
Case details for

MICHAEL v. ELSA

Case Details

Full title:MICHAEL N.G., Appellant, v. ELSA R., Respondent

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

Date published: Dec 14, 1993

Citations

199 A.D.2d 81 (N.Y. App. Div. 1993)
604 N.Y.S.2d 957

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