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IN THE MATTER OF NAPPI v. NAPPI

Appellate Division of the Supreme Court of New York, Second Department.
Jun 7, 2004
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DECISION ORDER

ORDERED that the appeal from the order dated March 25, 2003, is dismissed, as that order was superseded by the order dated August 5, 2003; and it is further,

ORDERED that the order dated August 5, 2003, is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the mother.

The Family Court properly denied the father's objections to the order dated March 25, 2003. The father failed to demonstrate that a substantial, unanticipated, and unreasonable change in circumstances warranted a downward modification of his child support obligation ( see Beard v. Beard, 300 A.D.2d 268; Linder v. Linder, 297 A.D.2d 711; Praeger v. Praeger, 162 A.D.2d 671). There was no evidence in the record that the father used his best efforts to obtain employment commensurate with his qualifications and experience ( see Beard v. Beard, supra).

ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.