Jelfo v Jelfo
2011 NY Slip Op 00820 [81 AD3d 1257]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


Theresa Anne Jelfo, Respondent, v John Michael Jelfo Jr., Appellant. (Appeal No. 2.)

—[*1] Finocchio & English, Esqs., Syracuse, D.J. & J.A. Cirando, Esqs. (Elizabeth DeV. Moeller of counsel), for defendant-appellant.

James E. Corl, Jr., Cicero (J. Scott Porter of counsel), for plaintiff-respondent.

Sherene Pavone, Attorney for the Children, Manlius, for Jessica A.S.J. and Joanna S.J.

Appeal from an order of the Supreme Court, Onondaga County (Kevin G. Young, J.), entered October 29, 2009 in a divorce action. The order, inter alia, denied the motion of defendant for a downward modification of support and maintenance.

It is hereby ordered that the order so appealed from is unanimously modified in the exercise of discretion by vacating the fourth ordering paragraph and as modified the order is affirmed without costs.

Same memorandum as in Jelfo v Jelfo (81 AD3d 1255 [2011]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.