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JANE RUBIN, as Parent and Natural Guardian of JORDAN RUBIN, an Infant, et al., Appellants, v. BURTON RUBIN, Respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in so much of the opinion by Justice J. Robert Lynch at the Appellate Division as pertains to the requested upward modification of child support ( 119 A.D.2d 152; see also, Merl v Merl, 67 N.Y.2d 359, 362). We note that the argument based on the increase in defendant's wealth is not before us. Neither the trial court nor the majority at the Appellate Division made a finding with respect to this factor. No issue with respect to attorneys' fees is presented to this court.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.

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RUBIN v. RUBIN
(Dec 19, 1986)