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MATTER OF SMITH v. SMITH

191 A.D.2d 1010 (1993)

595 N.Y.S.2d 356

In the Matter of Elsie J. Smith, Appellant, v. Lum Smith, Respondent. (Appeal No. 4.)

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

March 12, 1993

Order unanimously affirmed without costs.

Memorandum:

The Hearing Examiner properly denied petitioner's application for upward modification of the child support provisions of a divorce decree. Petitioner failed to demonstrate a change in circumstances warranting the increase in the best interests of the child (see, Matter of Michaels v Michaels, 56 N.Y.2d 924, 926). Particularly, petitioner failed to show the...

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