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Fishman v. Solomon

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 13, 2020
183 A.D.3d 730 (N.Y. App. Div. 2020)

Opinion

2018–13886 Docket Nos. F–10154–14/14A, F–15176–14/14A

05-13-2020

In the Matter of Marc FISHMAN, Appellant, v. Jennifer SOLOMON, Respondent.

Marc Fishman, Bronx, NY, appellant pro se. Hudson Valley Justice Center, White Plains, N.Y. (Virginia S. Foulkrod of counsel), for respondent.


Marc Fishman, Bronx, NY, appellant pro se.

Hudson Valley Justice Center, White Plains, N.Y. (Virginia S. Foulkrod of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Hal B. Greenwald, J.), entered October 31, 2018. The order denied the father's objections to an order of the same court (Carol Ann Jordan, S.M.) entered April 13, 2018, denying his petitions dated July 31, 2014, and November 25, 2014, for a downward modification of his child support obligation.

ORDERED that the order entered October 31, 2018, is affirmed, with costs.

The father sought modification of a child support provision contained in a postdivorce stipulation of settlement. To obtain such relief, the father was required to demonstrate a substantial change in circumstances since the entry of the stipulation warranting the modification (see Matter of Oelsner v. Heppler, 181 A.D.3d 916, 122 N.Y.S.3d 330 ; Matter of Baumgardner v. Baumgardner, 126 A.D.3d 895, 6 N.Y.S.3d 90 ; see also Family Ct Act § 451[3][a] ). We agree with the Family Court that the father failed to make such a showing.

The father's contentions with respect to the Americans with Disabilities Act ( 42 USC § 12101 et seq. ) are not properly before this Court, as they were not raised in the father's objections to the Support Magistrate's order (see Matter of Cook v. Charles, 159 A.D.3d 899, 900, 70 N.Y.S.3d 53 ).

MASTRO, J.P., MALTESE, BRATHWAITE NELSON and WOOTEN, JJ., concur.


Summaries of

Fishman v. Solomon

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 13, 2020
183 A.D.3d 730 (N.Y. App. Div. 2020)
Case details for

Fishman v. Solomon

Case Details

Full title:In the Matter of Marc Fishman, appellant, v. Jennifer Solomon, respondent.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 13, 2020

Citations

183 A.D.3d 730 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 2783
121 N.Y.S.3d 889