Appellate Division of the Supreme Court of New York, 1992

Ciolino v. Ciolino

Ciolino v. Ciolino
Appellate Division of the Supreme Court of New York · Decided October 7, 1992
186 A.D.2d 1077; 590 N.Y.S.2d 802; 1992 N.Y. App. Div. LEXIS 11752
Ciolino v. Ciolino

Opinion of the Court

— Order unanimously affirmed without costs. Memorandum: Defendant failed to demonstrate that there has been a material change in her ability *1078to be financially self-supporting since her divorce. Because the material facts regarding defendant’s ability to be self-supporting were not disputed, Supreme Court did not err in denying, without a hearing, defendant’s motion for a modification of the spousal maintenance portion of the judgment of divorce (see, Hofmeister v Hofmeister, 120 AD2d 802; cf., De Paolo v De Paolo, 104 AD2d 631). We further conclude that the court did not abuse its discretion in awarding counsel fees to defendant. (Appeals from Order of Supreme Court, Erie County, Whelan, J. — Maintenance.) Present — Callahan, J. P., Green, Balio, Fallon and Davis, JJ.

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