JONASSE v. JONASSE

Order unanimously reversed, on the law, without costs, petition reinstated, and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: Defendant's application for an upward modification of child support based on the age of the children and an increase in the cost of living (see, Matter of Brescia v Fitts, 56 N.Y.2d 132, 139-140; cf. Matter of Boden v Boden, 42 N.Y.2d 210) should not have been denied without a hearing inasmuch as the moving papers raise disputed issues of fact (see, Van Niel v Van Niel, 93 A.D.2d 986). We remit this matter, therefore, so that the court may conduct a hearing to determine whether the alleged changes warrant modification (see, Huber v Huber, 59 A.D.2d 1063; Matter of Monesi v Monesi, 55 A.D.2d 1020; Rollins v Rollins, 33 A.D.2d 990).