Opinion
Decided December 19, 1986
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Eugene R. Wolin, J.
Benedict Ginsberg for appellants.
Howard N. Beldock for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in so much of the opinion by Justice J. Robert Lynch at the Appellate Division as pertains to the requested upward modification of child support ( 119 A.D.2d 152; see also, Merl v Merl, 67 N.Y.2d 359, 362). We note that the argument based on the increase in defendant's wealth is not before us. Neither the trial court nor the majority at the Appellate Division made a finding with respect to this factor. No issue with respect to attorneys' fees is presented to this court.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.