Alexander v. Conley

Appeal from an order of Family Court, Erie County (Townsend, J.), entered March 7, 2002, which dismissed the petition insofar as it sought an upward modification of child support.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly dismissed the petition in appeal No. 1 insofar as it sought an upward modification of child support. Petitioner’s “proof failed to establish that the child’s needs were not being met (see, Matter of Brescia v Fitts, 56 NY2d 132, 141 [1982]) or that an unanticipated and…