Opinion
March 13, 1992
Appeal from the Supreme Court, Monroe County, Willis, J.
Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.
Order unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying plaintiff's child support application without an evidentiary hearing (see, Szablak v Keida, 155 A.D.2d 887; Jonasse v Jonasse, 116 A.D.2d 997). Where, as here, such an application is predicated on the child's right to receive adequate support, the moving party need not demonstrate an unanticipated and unreasonable change in circumstances (see, Matter of Brescia v Fitts, 56 N.Y.2d 132, 139-140). Rather, it is sufficient to show that a change in circumstances has occurred warranting an increase in the child's best interest (see, Matter of Michaels v Michaels, 56 N.Y.2d 924, 926; Matter of Sutton v Sutton, 178 A.D.2d 980). When measured against such a standard, plaintiff's application was sufficient.