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Marcus v. Marcus

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 689 (N.Y. App. Div. 2007)

Opinion

No. 2007-02683.

November 13, 2007.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated February 16, 2007, which denied his objections to so much of an order of the same court (Orlando, S.M.), dated September 27, 2006, as, after a hearing, denied his petition for a downward modification of his child support obligation.

Daniel Marcus, Centereach, N.Y., appellant pro se.

Christine Malafi, County Attorney, Central Islip, N.Y. (Brian B. Mulholland of counsel), for respondent.

Before: Spolzino, J.P., Ritter, Covello and Dicker son, JJ.


Ordered that the order is affirmed, with costs.

In support of his petition for a downward modification of his child support obligation, the father failed to meet his burden of demonstrating a substantial change in circumstance warranting such a modification ( see Matter of Talty v Talty, 42 AD3d 546). While the father presented evidence of a modest salary decrease, he was nonetheless possessed of sufficient means to provide support at the level ordered ( id.). Accordingly, the father's petition was properly denied.


Summaries of

Marcus v. Marcus

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 689 (N.Y. App. Div. 2007)
Case details for

Marcus v. Marcus

Case Details

Full title:In the Matter of DANIEL MARCUS, Appellant, v. ELIZA MARCUS, Appellant

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

Date published: Nov 13, 2007

Citations

45 A.D.3d 689 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9034
844 N.Y.S.2d 886

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