| Lee v Fromcheck |
| 2009 NY Slip Op 08587 [67 AD3d 867] |
| November 17, 2009 |
| Appellate Division, Second Department |
| Richard Lee, Respondent, v Robin Fromcheck,Appellant. |
—[*1] The Barbara Law Firm, Garden City, N.Y. (Cindy A. Prusinowksi of counsel), forrespondent.
In a matrimonial action in which the parties were divorced by judgment entered November5, 1999, the defendant appeals from so much of an order of the Supreme Court, Nassau County(Zimmerman, J.), dated July 22, 2008, as denied, without a hearing, that branch of her motionwhich was, in effect, for a modification of the plaintiff's child support obligation.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied, without a hearing, that branch of the defendant's motionwhich was, in effect, for a modification of the plaintiff's child support obligation. The defendantdid not allege, much less prove, that the plaintiff was failing to pay adequate child support, didnot dispute the plaintiff's contention that he was paying all of the child's college and otherexpenses, and failed to allege or demonstrate that the needs of the child were not being met (cf. Friedman v Friedman, 65 AD3d1081 [2009]). Rivera, J.P., Florio, Miller and Hall, JJ., concur.