Opinion
February 28, 1991
Appeal from the Family Court, New York County (Judith Sheindlin, F.C.J.).
The agreement reveals an intent by the parties to treat the unallocated amount of $35,000 per year, payable by respondent, as spousal maintenance. Accordingly, respondent was required to prove extreme hardship in order to obtain a downward modification of the agreement (Domestic Relations Law § 236 [B]). A sufficient basis exists in the record to support our determination that the respondent failed to meet his burden of proof.
Concur — Carro, J.P., Ellerin, Kupferman, Smith and Rubin, JJ.