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Ricketts v. Graves

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 12, 2010

IN THE MATTER OF DIANA RICKETTS, APPELLANT,
v.
BERNIE GRAVES, RESPONDENT

In a child support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Kings County (Beckoff, J.), dated January 23, 2009, which denied her objections to an order of the same court (Baur, S.M.), dated September 5, 2008, which, after a hearing, dismissed, without prejudice, her petition for an upward modification of the father's child support obligation as set forth in a support order dated June 23, 2006.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., ANITA R. FLORIO, L. PRISCILLA HALL and SANDRA L. SGROI, JJ.

(Docket No. F-05944-98/08E)

DECISION & ORDER

ORDERED that the order dated January 23, 2009, is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in denying the mother's objections to the order of the Support Magistrate dismissing, without prejudice, her petition for an upward modification of the father's child support obligation (see Matter of Gonzalez v DeFilippis, 31 AD3d 447, 448; see also Matter of Williams v Williams, 37 AD3d 843, 844; Matter of Lahrs v Lahrs, 158 AD2d 944, 944).

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

20100112

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