Appellate Division of the Supreme Court of the State of New York October 27, 2005 (Fuller v. Witte)

Refers, J.

Appeal from an order of the Family Court of Broome County (Ray, J.), entered March 30, 2004, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, for modification of a prior child support order.

Eetitioner and respondent are the divorced parents of five children; two are in college and one is emancipated.