Matter of Perna v Perna
2004 NY Slip Op 08105 [12 AD3d 448]
November 8, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2005


In the Matter of Manuel D. Perna, Appellant,
v
Carla C. Perna, Respondent.

[*1]In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Dounias, J.), entered December 5, 2003, which denied his objection to an order of the same court (Fields-Ferraro, S.M.), entered October 24, 2003, which, after a hearing, inter alia, dismissed his petition for a downward modification of his child support obligation on the ground of res judicata.

Ordered that the order is affirmed, with costs.

The father's application for a downward modification of his child support obligation was barred by the doctrine of res judicata (see Ciancimino v Town of E. Hampton, 266 AD2d 331, 332 [1999]). In any event, the father failed to demonstrate a substantial, unanticipated, and unreasonable change of circumstances (see Beard v Beard, 300 AD2d 268 [2002]). Accordingly, the Family Court properly denied the father's objection to the order entered October 24, 2003. H. Miller, J.P., Krausman, Cozier and Spolzino, JJ., concur.