Gross v Gross

Supreme Court, Appellate Division, Second Department, New YorkFebruary 14, 200515 A.D.3d 442789 N.Y.S.2d 447789 N.Y.S.2d 447 (Mem)

New York Official Reports
15 A.D.3d 442, 789 N.Y.S.2d 447 (Mem), 2005 N.Y. Slip Op. 01162
*1 Jeffrey A. Gross, Appellant
Deborah Gross, Respondent.
Supreme Court, Appellate Division, Second Department, New York
11520/00, 2003-05573
February 14, 2005
CITE TITLE AS: Gross v Gross
In a matrimonial action in which the parties were divorced by judgment dated December 20, 2001, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Spolzino, J.), entered June 10, 2003, as, upon the denial of his motions for a downward modification of his child support obligations, is in favor of the defendant and against him in the principal sum of $58,969.10.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
“Absent a showing of an unanticipated and unreasonable change in circumstances, the support provisions of the agreement should not be disturbed” (Matter of Boden v Boden, 42 NY2d 210, 213 [1977]). Moreover, where the application is one for downward modification of child support, such a change in circumstances must be substantial (see Beard v Beard, 300 AD2d 268 [2002]). Here, the plaintiff failed to make a prima facie showing of such a change. Therefore, the denial of his motions without first conducting hearings was proper (see Roshevsky v Roshevsky, 267 AD2d 293, 294 [1999]; Mitchell v Mitchell, 170 AD2d 585 [1991]; Nordhauser v Nordhauser, 130 AD2d 561, 562 [1987]).
The plaintiff's remaining contentions are without merit. H. Miller, J.P., Luciano, Rivera and Lifson, JJ., concur.
End of Document