IN RE: Dolores Gomez

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

IN RE: Dolores Gomez, respondent, v. Jesus M. Gomez, appellant.

2010-01957 (Docket No. F-05047-03/09)

Decided: December 28, 2010

JOSEPH COVELLO, J.P. RANDALL T. ENG CHERYL E. CHAMBERS L. PRISCILLA HALL, JJ. Jesus M. Gomez, Highland Mills, N.Y., appellant pro se. Annette G. Hasapidis, South Salem, N.Y., for respondent.

Submitted-December 10, 2010


In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Orange County (Klein, J.), dated January 13, 2010, which denied his objections to an order of the same court (J. Patsalos, S.M.), dated November 6, 2009, which, after a hearing, granted the mother's petition for an upward modification of his child support obligation pursuant to a stipulation of settlement which had been incorporated but not merged into the parties' judgment of divorce.

ORDERED that the order dated January 13, 2010, is affirmed, with costs.

Contrary to the father's contentions, the Family Court did not err in granting the mother an upward modification of child support (see Family Court Act § 413;  Domestic Relations Law § 236[B][9][b];  Matter of Brescia v. Fitts, 56 N.Y.2d 132, 141;  Matter of Love v. Love, 303 A.D.2d 756, 757;  Weiss v. Weiss, 294 A.D.2d 566).



Matthew G. Kiernan

Clerk of the Court

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