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IN THE MATTER OF GINTHER v. GINTHER

Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 30, 2004
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It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Family Court properly denied the objections of petitioner to the Hearing Examiner's order dismissing his petition seeking a downward modification of his child support obligation. Petitioner failed to meet his burden of establishing an unanticipated or unreasonable change of circumstances warranting that relief ( see Leroy v. Leroy, 298 AD2d 923, 923-924; Matter of De Luca v. Randall, 285 AD2d 684, 686). Petitioner also failed to establish good cause for termination of the income execution issued by the support collection unit ( see Family Ct Act ยง 440 [b] [1]). Finally, the Hearing Examiner did not abuse her discretion in denying petitioner's request that she recuse herself ( see Matter of Herald v. Herald, 305 AD2d 1080).