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MATTER OF CLATE v. CLATE

199 A.D.2d 1064 (1993)

605 N.Y.S.2d 608

In the Matter of Joanne Clate, Respondent, v. Ronald Clate, Appellant

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

December 29, 1993

Order unanimously affirmed without costs.

Memorandum:

Where a parent, in a petition seeking a modification of child support, asserts the child's right to receive adequate support, "the test is whether petitioner has shown a change of circumstances warranting an increase in the best interests of the child" (Matter of Sutton v Sutton, 178 A.D.2d 980; see also, Matter of Brescia v Fitts,

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