Order affirmed insofar as appealed from, with costs.
The parties were divorced by judgment dated June 17, 1983. Pursuant to the final judgment of divorce and the stipulation entered into between the parties which survived the judgment, the defendant wife was given custody of the couple's two infant children. Plaintiff was to pay child support in the amount of $115 per week. When infant son Michael became emancipated, this amount was to be decreased to $100 per week. In November 1983, plaintiff began to pay $100 per week, alleging that Michael had a job and was, therefore, emancipated. Defendant moved, inter alia, for a money judgment for arrears, and plaintiff cross-moved, inter alia, for downward modification of his support obligations.
Plaintiff's affidavits, containing conclusory statements as to Michael's status, failed to create a genuine issue of fact as to Michael's alleged emancipation ( Levinson v. Levinson, 97 A.D.2d 458). Therefore, Special Term properly denied plaintiff's cross motion for a downward modification of his support obligation without an evidentiary hearing ( Gagliardi v. Gagliardi, 18 A.D.2d 788). Gibbons, J.P., Bracken, O'Connor and Brown, JJ., concur.