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MATTER OF ILLIDGE v. LEWIS

62 A.D.3d 705 (2009)

877 N.Y.S.2d 693

In the Matter of GABRIELLE ILLIDGE, Respondent, v. DONALD LEWIS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 5, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly denied the father's objections to the order dated March 21, 2008, dismissing his petition for downward modification of child support without prejudice. The father failed to present competent proof that he was incapable of working in any capacity (see generally Matter of Piernick v Nazinitsky, 48 A.D.3d 690 [2008]; Matter of Marrale...

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