Opinion
05-08-2015
In the Matter of Dario R. PEREZ, Petitioner–Appellant, v. Karin C. JOHNSON, Respondent–Respondent.
Dario R. Perez, Petitioner–Appellant Pro Se. Welch & Zink, Corning (Colleen G. Zink of Counsel), for Respondent–Respondent.
Dario R. Perez, Petitioner–Appellant Pro Se.
Welch & Zink, Corning (Colleen G. Zink of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:
In this proceeding pursuant to Family Court Act article 4, petitioner father appeals from an order denying his objection to the order of the Support Magistrate that denied his petition for a downward modification of his child support obligation. We affirm. The Support Magistrate's findings are entitled to great deference (see Matter of Fragola v. Alfaro, 45 A.D.3d 684, 685, 845 N.Y.S.2d 437 ), and we conclude that the record supports the determination that the father “failed to demonstrate a substantial change in circumstances that would justify a downward modification of his support obligation because he [did not present sufficient] ‘evidence establishing that he diligently sought re-employment commensurate with his former employment’ ” (Matter of Greene v. Hanson, 100 A.D.3d 1558, 1558, 954 N.Y.S.2d 386 ; see Matter of Leonardo v. Leonardo, 94 A.D.3d 1452, 1453, 942 N.Y.S.2d 728, lv. denied 19 N.Y.3d 807, 2012 WL 2401528 ). We have considered the father's remaining contentions and conclude that they are without merit.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
SCUDDER, P.J., CENTRA, PERADOTTO, VALENTINO, and WHALEN, JJ., concur.