Convertino v. Convertino

179 A.D.2d 999, 580 N.Y.S.2d 912, 1992 N.Y. App. Div. LEXIS 2322

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 31, 1992
• Status: Published

Opinion

Memorandum: Family Court properly dismissed petitioner’s application for an upward modification of respondent’s support obligation, as set forth in the separation agreement that was incorporated but not merged into the judgment of divorce, because petitioner failed to establish an unanticipated and unreasonable change in circumstances and a concomitant need (see, Matter of Boden v Boden, 42 NY2d 210, 213). (Appeal from Order of Oneida County Family Court, Flemma, J. — Modify Support.) Present — Denman, P. J., Boomer, Green, Pine and Davis, JJ.