| Matter of French v Gordon |
| 2013 NY Slip Op 00915 [103 AD3d 722] |
| February 13, 2013 |
| Appellate Division, Second Department |
| In the Matter of Rollo French, Sr.,Appellant, v Elcie A. Gordon, Respondent. |
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In a proceeding pursuant to Family Court Act article 4, the father appeals from acorrected order of the Family Court, Kings County (Turbow, J.), dated July 17, 2012,which denied his objections to an order of the same court (Shamahs, S.M.), dated May10, 2012, which dismissed without prejudice his petition for modification of an order ofsupport.
Ordered that the corrected order is affirmed, without costs or disbursements.
A party seeking modification of a support order has the burden of establishing theexistence of a substantial change in circumstances warranting the modification (see Matter of Suyunov vTarashchansky, 98 AD3d 744 [2012]; Matter of Bouie v Joseph, 91 AD3d 641 [2012]; Matter of Nieves-Ford vGordon, 47 AD3d 936 [2008]). Likewise," '[t]he burden of proof as to emancipation is on the party asserting it' " (Matter of Gold v Fisher, 59AD3d 443, 444 [2009], quoting Schneider v Schneider, 116 AD2d 714, 715[1986]). Here, the record supports the Support Magistrate's determination that the fatherfailed to satisfy his prima facie burden of establishing that his son was economicallyindependent, and thus, in effect, emancipated (see Matter of Burr v Fellner, 73 AD3d 1041 [2010]; seegenerally Matter of Alice C. v Bernard G.C., 193 AD2d 97 [1993]). Accordingly, theFamily Court properly denied the father's objections to the Support Magistrate's orderdismissing without prejudice his petition for modification of an order of support. Mastro,J.P., Skelos, Leventhal and Chambers, JJ., concur.