LaRUSSO v. SPENCER (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Gino LaRUSSO, Petitioner-Appellant, v. Madonna SPENCER, Respondent-Respondent.

Decided: December 30, 2004

PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, GORSKI, AND HAYES, JJ.

Anthony M. Miranda, Buffalo, for Petitioner-Appellant. Amigone, Sanchez, Mattrey & Marshall, LLP, Buffalo (Arthur G. Baumeister, Jr., of Counsel), for Respondent-Respondent.

Family Court properly denied the objections of petitioner to the Hearing Examiner's order dismissing his petition seeking a downward modification of his child support obligation. Petitioner failed to meet his burden of establishing that an unanticipated or unreasonable change of circumstances has occurred to warrant a downward modification (see Matter of De Luca v. Randall, 285 A.D.2d 684, 686, 726 N.Y.S.2d 797). “A party who causes [his] own inability to pay support is not entitled to a downward modification of support payments” (Matter of Fries v. Price-Yablin, 209 A.D.2d 1002, 1003, 619 N.Y.S.2d 900).

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

MEMORANDUM:

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