Opinion
10-07-2015
Gaus Mohammed KHAN, appellant, v. Shaheen ALI, respondent.
Montalbano, Condon & Frank, P.C., New City, N.Y. (Martin S. Butcher of counsel), for appellant. Barbara Gionta, New City, N.Y., for respondent.
Montalbano, Condon & Frank, P.C., New City, N.Y. (Martin S. Butcher of counsel), for appellant.
Barbara Gionta, New City, N.Y., for respondent.
Opinion Appeal from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated August 15, 2013. The order denied, without a hearing, the plaintiff's motion for a downward modification of his spousal maintenance obligation and for an award of child support in his favor in accordance with the guidelines established by the Child Support Standards Act.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied, without a hearing, that branch of the plaintiff's motion which was for a downward modification of his spousal maintenance obligation, because the plaintiff failed to allege facts that, if true, would establish that continued enforcement of the existing maintenance obligation would create extreme hardship (see Capozzoli v. Capozzoli, 81 A.D.3d 584, 585, 916 N.Y.S.2d 792 ).Further, under the circumstances of this case, the Supreme Court properly denied, without a hearing, that branch of the plaintiff's motion which was, in effect, for an award of child support in his favor in accordance with the guidelines established by the Child Support Standards Act (see Domestic Relations Law § 240[1–b] ).
MASTRO, J.P., BALKIN, SGROI and DUFFY, JJ., concur.