Cervone v Cervone
2007 NY Slip Op 08175 [44 AD3d 985]
October 30, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


Philip J. Cervone, Jr., Appellant,
v
Theresa L. Cervone, Respondent.

—[*1] Barton R. Resnicoff, Great Neck, N.Y. (Lisa M. Williams of counsel), for appellant.

Anthony A. Capetola, Williston Park, N.Y. (Danielle L. Seid of counsel), for respondent.

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Nassau County (Diamond, J.), dated May 15, 2006, which denied his motion for a downward modification of his child support obligation.

Ordered that the order is affirmed, with costs.

The plaintiff failed to establish a substantial, unanticipated, and unreasonable change in circumstances warranting a reduction in his child support obligation (see Matter of Heyward v Goldman, 23 AD3d 468, 469 [2005]; Morrissey v Morrissey, 259 AD2d 472 [1999]). Accordingly, the Supreme Court properly denied the plaintiff's motion for a downward modification of his child support obligation. Schmidt, J.P., Skelos, Lifson and Balkin, JJ., concur.