Jonasse v. Jonasse

— Order unanimously reversed, on the law, without *998costs, petition reinstated, and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: Defendant’s application for an upward modification of child support based on the age of the children and an increase in the cost of living (see, Matter of Brescia v Fitts, 56 NY2d 132, 139-140; cf. Matter of Boden v Boden, 42 NY2d 210) should not have been denied without a hearing inasmuch as the moving papers raise disputed issues of fact (see, Van Niel v Van Niel, 93 AD2d 986). We remit this matter,…