| Matter of Shillingford v Dielinger |
| 2012 NY Slip Op 08536 [101 AD3d 889] |
| December 12, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ella Shillingford, Appellant, v Skip Dielinger, Respondent. |
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Robert A. Ugelow, P.C., Brooklyn, N.Y., for respondent.
In a child support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Kings County (Gruebel, J.), dated January 9, 2012, which denied her objections to an order of the same court (Palos, S.M.), dated November 7, 2011, which, after a hearing, denied her petition for an upward modification of a prior order of child support dated September 17, 2007.
Ordered that the order dated January 9, 2012, is affirmed, with costs.
The Family Court providently exercised its discretion in denying the mother's objections to the Support Magistrate's determination that she failed to establish a substantial change in circumstances warranting an upward modification of child support (see Domestic Relations Law § 236 [B] [9] [b]; Matter of Gracie v Donovan, 84 AD3d 1375, 1376 [2011]; Matter of Simmons v Simmons, 71 AD3d 775, 776 [2010]; Matter of Heyward v Goldman, 23 AD3d 468, 469 [2005]). Mastro, J.P., Lott, Roman and Cohen, JJ., concur.