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BERNARD CYMES, Respondent, v. SUSAN CYMES, Appellant.

The court properly determined that defendant failed to establish the existence of a change of circumstances sufficiently substantial to warrant a downward modification ( Matter of Sturgeon v Sturgeon, 110 AD2d 1013). Based upon defendant's failure to disclose required financial information ( 22 NYCRR 202.16 [k] [5]), the court properly imputed income to her, which brought the award of child support well within the child support guidelines set forth in Domestic Relations Law § 240 (1-b). The award of attorney's fees was also a proper exercise of discretion ( DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881). We have considered defendant's remaining arguments and find them to be either not properly before this Court or without merit.

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CYMES v. CYMES
(Jan 23, 1997)