Rosenthal v. Weiss

Full title: In the Matter of Jared Rosenthal, appellant, v. Gony Weiss, respondent.

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

Date published: Jun 3, 2015

2015 N.Y. Slip Op. 4655 (N.Y. App. Div. 2015)

Opinion

2014-07117

06-03-2015

In the Matter of Jared Rosenthal, appellant, v. Gony Weiss, respondent.

Michael A. DiChiaro, Suffern, N.Y., for appellant. Miller Zeiderman Wiederkehr & Schwarz, LLP, White Plains, N.Y. (Lisa Zeiderman and Christina Forte of counsel), for respondent.

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ. (Docket No. F-3684-10)

Michael A. DiChiaro, Suffern, N.Y., for appellant.

Miller Zeiderman Wiederkehr & Schwarz, LLP, White Plains, N.Y. (Lisa Zeiderman and Christina Forte of counsel), for respondent.

DECISION & ORDER

Appeal from an order of the Family Court, Rockland County (Sherri L. Eisenpress, J.), dated June 16, 2014. The order denied the father's objections to an order of the same court (Catherine M. Miklitsch, S.M.), dated March 30, 2014, which, without a hearing, dismissed the father's petition for a downward modification of his child support obligation.

ORDERED that the order dated June 16, 2014, is affirmed, with costs.

Contrary to the father's contention, the Family Court properly denied his objections to an order of a Support Magistrate dismissing, without a hearing, his petition for a downward modification of his child support obligation. The father failed to make a prima facie showing of "a substantial change in circumstances" (Family Ct Act § 451[3][a]; see Matter of Bono v Pitre, 97 AD3d 743).

MASTRO, J.P., BALKIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court