| Matter of Marcus v Marcus |
| 2007 NY Slip Op 09034 [45 AD3d 689] |
| November 13, 2007 |
| Appellate Division, Second Department |
| In the Matter of Daniel Marcus, Appellant, v Eliza Marcus,Appellant. |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (Brian B. Mulholland of counsel), forrespondent.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Suffolk County (Simeone, J.), dated February 16, 2007, whichdenied his objections to so much of an order of the same court (Orlando, S.M.), dated September27, 2006, as, after a hearing, denied his petition for a downward modification of his child supportobligation.
Ordered that the order is affirmed, with costs.
In support of his petition for a downward modification of his child support obligation, thefather failed to meet his burden of demonstrating a substantial change in circumstance warrantingsuch a modification (see Matter of Taltyv Talty, 42 AD3d 546 [2007]). While the father presented evidence of a modest salarydecrease, he was nonetheless possessed of sufficient means to provide support at the levelordered (id.). Accordingly, the father's petition was properly denied. Spolzino, J.P.,Ritter, Covello and Dickerson, JJ., concur.