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

IN RE: Robin MARKOWSKI, Petitioner-Appellant, v. Keiran HETZLER, Respondent-Respondent.

Decided: December 31, 2008

PRESENT:  MARTOCHE, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ. Frank Beretta, East Rochester, for Petitioner-Appellant. June Castellano, Rochester, for Respondent-Respondent.

Petitioner mother appeals from an order denying her objections to the order of the Support Magistrate.   That order granted the motion of respondent father to dismiss the mother's petition for modification of the child support provisions contained in the parties' opting-out agreement, which was incorporated but not merged into the parties' judgment of divorce.   Contrary to the contention of the mother, Family Court properly denied her objections.   In support of her petition, the mother failed to demonstrate the requisite “unanticipated and unreasonable change in circumstances warranting an adjustment of support or that the current level of support is inadequate to meet the children's basic needs” (Matter of Nuchereno v. Pecora, 278 A.D.2d 944, 718 N.Y.S.2d 558).  “Indeed, [the mother's] generalized claims that the children's needs had increased were insufficient even to warrant a hearing” (Kamerman v. Kamerman, 269 A.D.2d 165, 702 N.Y.S.2d 77;  see Beck v. Beck, 236 A.D.2d 703, 704, 653 N.Y.S.2d 211;  Matter of Scholet v. Newell, 229 A.D.2d 621, 622, 644 N.Y.S.2d 858).

We have considered the mother's remaining contentions and conclude that they are without merit.

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


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