MATTER OF GOLDSTEIN v. PESATO


77 A.D.2d 878 (1980)

In the Matter of Gisela I. Goldstein, Respondent, v. Elio A. Pesato, Appellant

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

August 4, 1980


Order reversed, on the law, without costs or disbursements, and proceeding remitted to the Family Court for a new hearing in accordance herewith.

Although petitioner had pleaded both an increase in the needs of the children and in the appellant's income, she failed to prove the former at the fact-finding hearing in this matter. Consequently, the Family Court based its order for an upward modification of child support on the sole fact that appellant's income had increased...

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