Matter of Bono v Pitre

Jul 18, 2012
2011-10919
Versions:2012 NY Slip Op 05630
97 AD3d 743

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Paul H. Rethier, Sound Beach, N.Y., for appellant.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Genchi, J.), dated October 5, 2011, which denied his objections to an order of the same court (Willmott, S.M.), dated July 21, 2011, dismissing, without a hearing, his petition for a downward modification of his child support obligation.

Ordered that the order dated October 5, 2011, is affirmed, without costs or disbursements.

Contrary to the petitioner‘s contention, the Supreme Court properly denied his objections to an order of a Support Magistrate dismissing, without a hearing, his petition for a downward modification of his child support obligation. The petitioner failed to make a prima facie showing of “a substantial change in circumstances” (Family Ct Act § 451 [2] [a]; see Domestic Relations Law § 236 [B] [9] [b] [2] [i]). Rivera, J.P., Dickerson, Hall and Cohen, JJ., concur.