Opinion
June 12, 1995
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The parties entered into a comprehensive stipulation of settlement in November 1992 which thereafter was incorporated into but not merged with the judgment of divorce.
Even if we assume that the factual assertions set forth in the former husband's affidavit were true, they did not support a downward modification of maintenance and a direction that the noncustodial former wife pay child support (see, Matter of Boden v. Boden, 42 N.Y.2d 210; Praeger v. Praeger, 162 A.D.2d 671). Accordingly, the court did not err in denying, without a hearing, the branches of the former husband's cross motion which sought that relief.
We have reviewed the former husband's remaining contention and conclude that it is without merit. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.