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In the Matter of CONSTANCE B. RUBINSTEIN, Respondent, v. GEORGE V. BATES, III, Appellant.

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

We concur with the determination of Family Court that in view of the substantial increase in both the income of the father and the needs and activities of the child, an upward modification of the child support award was warranted in order to insure adequate support for the child (see, Matter of Michaels v. Michaels, 56 N.Y.2d 924; Matter of Brescia v. Fitts, 56 N.Y.2d 132). We likewise perceive no basis to disturb the provision directing the father to pay one half of any uninsured or unreimbursed medical expenses of the child. The court did not abuse its discretion in denying the father's application to obtain further pretrial discovery with respect to the mother's finances. Finally, the award of counsel fees, inasmuch as it was supported by the affidavit of counsel and by the relative financial circumstances of the parties, was properly made (see, Silver v. Silver, 63 A.D.2d 1017). Thompson, J.P., Niehoff, Weinstein and Eiber, JJ., concur.

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MATTER OF RUBINSTEIN v. BATES
(Mar 2, 1987)