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IN THE MATTER OF DAVIS v. DAVIS

13 A.D.3d 623 (2004)

787 N.Y.S.2d 113

In the Matter of GRACE DAVIS, Respondent, v. MELVILLE DAVIS, Appellant.

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

December 27, 2004.

Ordered that the order is affirmed, without costs or disbursements.

A child support order deriving from a separation agreement incorporated but not merged with a judgment of divorce, as is the case here, may be modified by a court "upon a showing that the agreement was not fair and equitable when entered into, or that an unanticipated and unreasonable change in circumstances has occurred resulting in a concomitant need"...

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