Matter of Shillingford v Dielinger

Matter of Shillingford v Dielinger 2012 NY Slip Op 08536 Decided on December 12, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 12, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2012-01333
(Docket No. F-4023-06)

[*1]In the Matter of Ella Shillingford, appellant,

v

Skip Dielinger, respondent.




Ella Shillingford, Brooklyn, N.Y., appellant pro se.
Robert A. Ugelow, P.C., Brooklyn, N.Y., for respondent.


DECISION & ORDER

In a child support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Kings County (Gruebel, J.), dated January 9, 2012, which denied her objections to an order of the same court (Palos, S.M.), dated November 7, 2011, which, after a hearing, denied her petition for an upward modification of a prior order of child support dated September 17, 2007.

ORDERED that the order dated January 9, 2012, is affirmed, with costs.

The Family Court providently exercised its discretion in denying the mother's objections to the Support Magistrate's determination that she failed to establish a substantial change in circumstances warranting an upward modification of child support (see Domestic Relations Law § 236[B][9][b]; Matter of Gracie v Donovan, 84 AD3d 1375, 1376; Matter of Simmons v Simmons, 71 AD3d 775, 776; Matter of Heyward v Goldman, 23 AD3d 468, 469).
MASTRO, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court