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Greene v. Greene

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1997
237 A.D.2d 253 (N.Y. App. Div. 1997)

Opinion

March 3, 1997.

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.

Before: Mangano, P.J., O'Brien, Pizzuto, Goldstein and Luciano, JJ.


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.


Summaries of

Greene v. Greene

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1997
237 A.D.2d 253 (N.Y. App. Div. 1997)
Case details for

Greene v. Greene

Case Details

Full title:ALLAN GREENE,-Appellant, v. NANCY GREENE, Respondent

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

Date published: Mar 3, 1997

Citations

237 A.D.2d 253 (N.Y. App. Div. 1997)
655 N.Y.S.2d 400

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