Matter of Perez v JohnsonAnnotate this Case
Decided on May 8, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, VALENTINO, AND WHALEN, JJ.
446 CAF 14-00975
[*1]IN THE MATTER OF DARIO R. PEREZ, PETITIONER-APPELLANT,
KARIN C. JOHNSON, RESPONDENT-RESPONDENT.
Appeal from an order of the Family Court, Steuben County (Marianne Furfure, A.J.), entered October 15, 2013 in a proceeding pursuant to Family Court Act article 4. The order denied petitioner's objection to the order of the Support Magistrate.
DARIO R. PEREZ, PETITIONER-APPELLANT PRO SE.
WELCH & ZINK, CORNING (COLLEEN G. ZINK OF COUNSEL), FOR RESPONDENT-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 4, petitioner father appeals from an order denying his objection to the order of the Support Magistrate that denied his petition for a downward modification of his child support obligation. We affirm. The Support Magistrate's findings are entitled to great deference (see Matter of Fragola v Alfaro, 45 AD3d 684, 685), and we conclude that the record supports the determination that the father "failed to demonstrate a substantial change in circumstances that would justify a downward modification of his support obligation because he [did not present sufficient] evidence establishing that he diligently sought re-employment commensurate with his former employment' " (Matter of Greene v Hanson, 100 AD3d 1558, 1558; see Matter of Leonardo v Leonardo, 94 AD3d 1452, 1453, lv denied 19 NY3d 807). We have considered the father's remaining contentions and conclude that they are without merit.
Entered: May 8, 2015
Frances E. Cafarell
Clerk of the Court