Matter of Bono v Pitre

2012 NY Slip Op 05630 [97 AD3d 743]

July 18, 2012

Appellate Division, Second Department

As corrected through Wednesday, August 22, 2012

In the Matter of Mark L. Bono, Appellant, v Theresa M.Pitre, Respondent.

—[*1]

Paul H. Rethier, Sound Beach, N.Y., for appellant.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Suffolk County (Genchi, J.), dated October 5, 2011, which deniedhis objections to an order of the same court (Willmott, S.M.), dated July 21, 2011, dismissing,without a hearing, his petition for a downward modification of his child support obligation.

Ordered that the order dated October 5, 2011, is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, the Supreme Court properly denied his objections toan order of a Support Magistrate dismissing, without a hearing, his petition for a downwardmodification of his child support obligation. The petitioner failed to make a prima facie showingof "a substantial change in circumstances" (Family Ct Act § 451 [2] [a]; seeDomestic Relations Law § 236 [B] [9] [b] [2] [i]). Rivera, J.P., Dickerson, Hall andCohen, JJ., concur.