MATTER OF BRESCIA v. FITTS


56 N.Y.2d 132 (1982)

In the Matter of Anne S. Brescia, Appellant, v. Peter C. Fitts, Respondent.

Court of Appeals of the State of New York.

Decided May 20, 1982.


Attorney(s) appearing for the Case

Douglas R. Hoyt for appellant.

John H. Galloway, III, for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.


GABRIELLI, J.

In this proceeding instituted in Family Court, petitioner seeks child support payments from respondent in amounts exceeding those provided in the parties' separation agreement. Family Court granted the petition for upward modification, basing its award on the current needs of the children. The Appellate Division reversed and dismissed the petition, concluding that petitioner had not demonstrated...

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