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Turk v. Turk

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 448 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

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


Ordered that the order entered September 14, 1994, and the orders dated December 12, 1994, and February 22, 1995, are affirmed insofar as appealed from; and it is further,

Ordered that the order dated January 11, 1995, is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The Supreme Court properly determined that the defendant's admitted default with respect to the financial obligations he agreed to pursuant to a stipulation agreement which was incorporated into the judgment of divorce was willful ( see, Domestic Relations Law § 245; Stempler v. Stempler, 200 A.D.2d 733; Demchuk v. Demchuk, 181 A.D.2d 756; Rogers v. Rogers, 94 A.D.2d 764), and that less drastic measures to enforce the agreement than holding the defendant in contempt would be ineffectual ( see, Domestic Relations Law § 245; Snow v. Snow, 209 A.D.2d 399; Farkas v. Farkas, 209 A.D.2d 316; Demchuk v Demchuk, supra; Bell v. Bell, 181 A.D.2d 978; Richter v. Richter, 156 A.D.2d 653). In addition, the court correctly denied the defendant's cross motion for a downward modification of his support obligations inasmuch as he failed to demonstrate that the continued enforcement of his support obligations would create an extreme hardship for him ( see, Domestic Relations Law § 236 [B] [9] [b]; Matter of Zinkiewicz v. Zinkiewicz, 222 A.D.2d 684; Didley v. Didley, 194 A.D.2d 7, 10; Katz v. Katz, 188 A.D.2d 827).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Rosenblatt, O'Brien and Goldstein, JJ., concur.


Summaries of

Turk v. Turk

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 448 (N.Y. App. Div. 1996)
Case details for

Turk v. Turk

Case Details

Full title:NAOMI TURK, Respondent, v. MICHAEL H. TURK, Appellant

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

Date published: Apr 8, 1996

Citations

226 A.D.2d 448 (N.Y. App. Div. 1996)
640 N.Y.S.2d 802

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