Opinion
April 5, 1999
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the order and judgment is modified by deleting the provision thereof reducing the monthly child support obligation of $500 retroactive to March 1, 1996, and substituting therefore a provision reducing the monthly child support obligation to the amount of $500 retroactive to September 27, 1996; as so modified, the order and judgment is affirmed insofar as appealed from, with costs to the plaintiff.
We agree with the plaintiff that the Supreme Court erred insofar as it directed that the reduction of the defendant's monthly child support obligation be made retroactive to March 1, 1996, some seven months prior to the defendant's September 27, 1996, application for a downward modification of child support ( see, Matter of Dox v. Tynon, 90 N.Y.2d 166, 170).
However, contrary to the plaintiff's contention, the defendant fulfilled his burden of establishing a change in circumstances sufficient to warrant a downward modification of support ( cf., Matter of Dallin v. Dallin, 250 A.D.2d 847; Matter of Heverin v. Sackel, 239 A.D.2d 418, 419; Matter of Yepes v. Fichera, 230 A.D.2d 803, 804; Matter of Zaccagnino v. Sisca, 223 A.D.2d 546).
The plaintiff's remaining contentions are without merit.
S. Miller, J. P., Ritter, Thompson and Joy, JJ., concur.