Opinion
October 13, 1992
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the appeal from the purported order dated September 18, 1990, is dismissed, without costs or disbursements, as no appeal lies from a decision; and it is further,
Ordered that the order entered October 11, 1990, is affirmed insofar as appealed from, without costs or disbursements.
The defendant father agreed to pay child support pursuant to the terms of an agreement that survived and did not merge in the judgment of divorce. In a post-judgment motion, the plaintiff mother sought an upward modification of that child support obligation with respect to the one remaining unemancipated child of the parties. In support, she argued that the child's needs had increased as he matured and that the cost of living had increased since the parties executed the agreement. These generalized claims were insufficient to justify an upward modification of child support and, accordingly, the Supreme Court properly denied the plaintiff's motion (see, Matter of Brescia v Fitts, 56 N.Y.2d 132; Matter of Boden v Boden, 42 N.Y.2d 210; Brevetti v Brevetti, 182 A.D.2d 606; Labita v Labita, 147 A.D.2d 535). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.