MARTOCCI v. MARTOCCI


68 A.D.2d 934 (1979)

Mary T. Martocci, Appellant, v. Emil V. Martocci, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 26, 1979


Order reversed insofar as appealed from, on the facts and as an exercise of discretion, with costs, defendant's motion is denied and the matter is remitted to Special Term for computation of present arrears and the entry of an appropriate amended judgment therefor.

In our opinion the defendant failed to establish a change of circumstances warranting a downward modification of the alimony provision of the judgment of divorce. In addition, it was an improvident exercise...

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