MATTER OF GORELIK v. NEW YORK CITY SUPPORT COLLECTION UNIT

2314, 102528/08

71 A.D.3d 467 (2010)

896 N.Y.S.2d 68

In the Matter of GENNADY GORELIK, Appellant, v. NEW YORK CITY SUPPORT COLLECTION UNIT et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 9, 2010.


Petitioner challenges SCU's April 2005 COLA adjustment on the ground that it was made during the pendency of his application for a downward modification of his original child support obligation. The downward modification application was granted, albeit not to the extent sought by petitioner, in July 2008, retroactive to the July 2004 filing of the application. Since the COLA adjustment was not a factor in the downward modification proceeding, i.e., the original support obligation...

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