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JEFFREY A. GROSS, Appellant, v. DEBORAH GROSS, Respondent.

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

"Absent a showing of an unanticipated and unreasonable change in circumstances, the support provisions of the agreement should not be disturbed" ( Matter of Boden v. Boden, 42 NY2d 210, 213). Moreover, where the application is one for downward modification of child support, such a change in circumstances must be substantial ( see Beard v. Beard, 300 AD2d 268). Here, the plaintiff failed to make a prima facie showing of such a change. Therefore, the denial of his motions without first conducting hearings was proper ( see Roshevsky v. Roshevsky, 267 AD2d 293, 294; Mitchell v. Mitchell, 170 AD2d 585; Nordhauser v. Nordhauser, 130 AD2d 561, 562).

The plaintiff's remaining contentions are without merit.

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GROSS v. GROSS
(Feb 14, 2005)