Opinion
Submitted January 17, 2001
February 20, 2001.
In a matrimonial action in which the parties were divorced by a judgment dated January 14, 1981, the defendant appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered May 3, 2000, which denied his motion to terminate his obligation to pay alimony.
Sari M. Friedman, P.C., Garden City, N.Y. (Mace H. Greenfield and Howard Knispel of counsel), for appellant.
Hayward, Parker O'Leary, Middletown, N.Y. (Guy J. Hayward of counsel), for respondent.
Before: O'BRIEN, J.P., FRIEDMANN, GOLDSTEIN and SMITH, JJ., concur.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Domestic Relations Law § 236(B)(9)(b) authorizes the modification of the terms of a separation agreement, such as the one at issue, which was incorporated but not merged into a judgment of divorce upon a showing of extreme hardship (see, Mishrick v. Mishrick, 251 A.D.2d 558; Luftig v. Luftig, 239 A.D.2d 225; Sheridan v. Sheridan, 225 A.D.2d 604; cf., Streit v. Streit, 237 A.D.2d 662). The defendant failed to meet this burden. We reject the defendant's contention that the Supreme Court should have conducted a hearing on his motion (see, Mishrick v. Mishrick, supra).