Matter of Macari v Marichal
2013 NY Slip Op 04341 [107 AD3d 808]
June 12, 2013
Appellate Division, Second Department
As corrected through Wednesday, July 31, 2013


In the Matter of Lisa J. Macari,Respondent,
v
Hector A. Marichal, Appellant.

[*1]Omar D. Lopera, Jackson Heights, N.Y., for appellant.

Ialenti & Macari, LLP, Garden City, N.Y. (Marc J. Ialenti of counsel), forrespondent.

In a proceeding, in effect, pursuant to Family Court Act article 4 for child supportand related relief, the father appeals, as limited by his brief, from so much of an order ofthe Supreme Court, Suffolk County (McNulty, J.), dated September 8, 2011, as denied,without a hearing, his petition for a downward modification of his child supportobligations.

Ordered that the order is affirmed insofar as appealed from, with costs.

The father failed to make a prima facie showing of a substantial change incircumstances. Thus, the Supreme Court properly denied, without a hearing, the father'spetition for a downward modification of his child support obligations (see Matter of Bono v Pitre, 97AD3d 743 [2012]). Skelos, J.P., Angiolillo, Roman and Hinds-Radix, JJ., concur.


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