Opinion
January 23, 1987
Appeal from the Erie County Family Court, Honan, J.
Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.
Order unanimously reversed, on the law, without costs, and petitions dismissed. Memorandum: The court erred in increasing the amount of child support agreed to by the parties in a separation agreement in the absence of any proof that the child's needs were not being met (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132, 139-141). The court also erred in modifying the custodial arrangement agreed to by the parties in their separation agreement in the absence of proof that the child's best interests required such modification (see, Eschbach v Eschbach, 56 N.Y.2d 167, 171-172; Matter of Blake v. Blake, 106 A.D.2d 916). The provisions of the separation agreement relating to physical custody and child support are reinstated.