Lewis v. Gellman

Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for a hearing, in accordance with the following memorandum: Special Term improperly denied petitioner’s request for upward modification of child support without conducting a hearing. Petitioner alleges that because of a drastic decrease in her income, the current level of child support is inadequate to meet the needs of the parties’ son. Where such allegations are made, a hearing is mandated (see Van Niel v Van Niel, 93 AD2d 986; Huber v Huber, 59 AD2d 1063; Matter of Monesi v Monesi, 55 AD2d 1020).…