Greene v. Greene

Appellate Division of the Supreme Court of New York

Greene v. Greene

237 A.D.2d 253, 655 N.Y.S.2d 400, 1997 N.Y. App. Div. LEXIS 2160

Appellate Division of the Supreme Court of the State of New York·Decided March 3, 1997·Published·Cited by 1 cases

Opinion

In a matrimonial action in which the parties were divorced by a judgment dated August 25, 1981, the plaintiff former husband appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated January 26, 1996, which denied, without a hearing, his motion pursuant to Domestic Relations Law § 236 (B) (9) (b) and § 248 to terminate his maintenance obligation in the weekly amount of $100.

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

The plaintiff’s submissions failed to disclose a genuine question of fact as to whether the continued enforcement of the maintenance provision would create an extreme hardship for him (see, Grimaldi v Grimaldi, 167 AD2d 443). Accordingly, the court did not err in denying his motion without a hearing. Mangano, P. J., O’Brien, Pizzuto, Goldstein and Luciano, JJ., concur.

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In a matrimonial action in which the parties were divorced by a judgment dated August 25, 1981, the plaintiff former husband appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated January 26, 1996, which denied, without a hearing, his motion pursuant to Domestic Relations Law § 236 (B) (9) (b) and § 248 to terminate his maintenance obligation in the weekly amount of $100.

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

The plaintiff’s submissions failed to disclose a genuine question of fact as to whether the continued enforcement of the maintenance provision would create an extreme hardship for him (see, Grimaldi v Grimaldi, 167 AD2d 443). Accordingly, the court did not err in denying his motion without a hearing. Mangano, P. J., O’Brien, Pizzuto, Goldstein and Luciano, JJ., concur.

Greene v. Greene, 237 A.D.2d 253, 655 N.Y.S.2d 400, 1997 N.Y. App. Div. LEXIS 2160 (N.Y. Ct. App. 1997).

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Opinion

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