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Hecker v. Hecker

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 318 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Nassau County (Brucia, J.).


Ordered that the order is affirmed, with costs.

It is settled that in order to obtain a reduction of support or other financial provisions of a judgment of divorce or separation, the party seeking the reduction bears the burden of establishing a substantial change of circumstances (see, Nordhauser v Nordhauser, 130 A.D.2d 561; Tagarelli v Tagarelli, 50 A.D.2d 917, 918). Such a showing, however must be made initially by affidavit before the hearing processes of the court can be invoked (see, Hickland v Hickland, 56 A.D.2d 978, 979). The defendant's conclusory allegations fall far short of creating issues of material fact necessitating a hearing with respect to the contentions of changed circumstances. Accordingly, summary disposition of the defendant's motion was proper.

We have reviewed the defendant's remaining contention and conclude that it is without merit. Mangano, P.J., Miller, Santucci and Hart, JJ., concur.


Summaries of

Hecker v. Hecker

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 318 (N.Y. App. Div. 1995)
Case details for

Hecker v. Hecker

Case Details

Full title:BEATRICE HECKER, Respondent, v. MARVIN HECKER, Appellant

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 318 (N.Y. App. Div. 1995)
633 N.Y.S.2d 384