Legal Opinion

Kotlyar v. Burshtein

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 2000PublishedCited by 6 opinions

1Opinion of the Court

—In a support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Queens County (Lubow, J.), dated May 29, 1998, as denied his application for a downward modification of child support.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

*434As the party seeking a downward modification of the obligation to pay child support, the father had the burden of establishing a substantial change in circumstances (see, Matter of Brescia v Fitts, 56 NY2d 132; Matter of Pancaldo v…

2Cases cited4 opinions

  1. Brescia v. FittsNew York Court of Appeals · 1982
  2. Scholet v. NewellAppellate Division of the Supreme Court of the State of New York · 1996
  3. Trainor v. TrainorAppellate Division of the Supreme Court of the State of New York · 1992
  4. Pancaldo v. PancaldoAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by6 opinions

  1. Murphy v. RutowiczAppellate Division of the Supreme Court of the State of New York · 2000
  2. Nuchereno v. PecoraAppellate Division of the Supreme Court of the State of New York · 2000
  3. Mandelbaum v. MandelbaumAppellate Division of the Supreme Court of the State of New York · 2006
  4. Hores v. HoresAppellate Division of the Supreme Court of the State of New York · 2005
  5. Rine v. RineAppellate Division of the Supreme Court of the State of New York · 2003

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