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MATTER OF LIANO v. BELL

60 A.D.3d 952 (2009)

___ N.Y.S.2d ___

In the Matter of GARY L. LIANO, Appellant, v. DARLENE M. BELL, Respondent.

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

Decided March 24, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Although a petition for downward modification of child support may be granted when a party loses his or her job due to an injury, it may be denied when the moving party has the ability to provide support through some other type of employment (see Matter of Davis v Davis, 13 A.D.3d 623, 624 [2004]; Matter of McCarthy v McCarthy,

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