Petrushka v. Abizadeh

202 A.D.3d 1088

159 N.Y.S.3d 891 (Mem)

In the Matter of Galit PETRUSHKA, respondent,

v.Ramin ABIZADEH, appellant.

(Proceeding No. 1)

In the Matter of Ramin Abizadeh, appellant,

v.Galit Petrushka, respondent.

(Proceeding Nos. 2 and 3)

2021–04373, 2021-04389

Docket Nos. F-1320-18/19B, F-1320-18/19C, F-1320-18/20E

Supreme Court, Appellate Division, Second Department, New York.

Submitted—January 28, 2022

February 23, 2022

Ramin Abizadeh, Albertson, NY, appellant pro se.

Diana Lozada Ruiz, Mineola, NY, for respondent.

ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 4, the father appeals from (1) an order of the Family Court, Nassau County (Ayesha K. Brantley, J.), dated June 1, 2021, and (2) an order of the same court, also dated June 1, 2021. The first order denied the father's objections, inter alia, to an order of the same court (Adam E. Small, S.M.) dated February 21, 2020, which, after a hearing, granted the mother's petition for a downward modification of her child support obligation. The second order dated June 1, 2021, denied the father's objections to an order of the same court (Adam E. Small, S.M.) dated December 9, 2020, which denied the father's motion for discovery and interrogatories in support of his petition alleging that the mother violated an order of support.

ORDERED that the appeal from the second order dated June 1, 2021, is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 4, and leave to appeal has not been granted (see id. § 1112); and it is further,

ORDERED that the first order dated June 1, 2021, is affirmed, without costs or disbursements.

The Family Court correctly denied the father's objections to an order of the Support Magistrate dated February 21, 2020, which, after a hearing, granted the mother's petition for a downward modification of her child support obligation. "[A] party seeking modification of an order of child support has the burden of establishing the existence of a substantial change in circumstances warranting the modification" ( Matter of White v. Holder, 174 A.D.3d 635, 636, 101 N.Y.S.3d 875 ; see Family Ct Act § 451[3][a] ; Matter of Baumgardner v. Baumgardner, 126 A.D.3d 895, 896–897, 6 N.Y.S.3d 90 ). "On appeal, deference should be given to the credibility of the Support Magistrate, who was in the best position to evaluate the credibility of the witnesses" ( ...