Opinion
June 28, 1993
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Ordered that the order is affirmed, with costs.
Contrary to the former husband's contentions, neither the unsubstantiated allegations in his affidavit that there had been a substantial change in the former wife's circumstances nor his claim that his voluntary retirement constituted such a change in his own circumstances demonstrated the need for a hearing (see, Gagliardi v. Gagliardi, 18 A.D.2d 788). The former husband's papers failed to make a sufficient showing of a substantial change in circumstances warranting elimination or reduction of the alimony award (see, Koch v. Koch, 134 A.D.2d 574; Villano v. Villano, 98 Misc.2d 774, 779).
It was not improper for the court to award the former wife counsel fees in the absence of a hearing under these circumstances, where her attorney clearly set forth in his affirmation his hourly rate and the number of hours which he expended representing the wife on the motion. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.