Appellate Division of the Supreme Court of New York, 1993

Burns v. Burns

Burns v. Burns
Appellate Division of the Supreme Court of New York · Decided May 28, 1993
193 A.D.2d 1106; 598 N.Y.S.2d 1018
Burns v. Burns

Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in summarily denying defendant’s motion for an order modifying the judgment of divorce by reducing defendant’s maintenance obligation. Defendant’s motion papers failed to *1107present genuine issues of fact whether a substantial change in circumstances had occurred (see, Domestic Relations Law § 236 [B] [9] [b]; Smith v Smith, 174 AD2d 818). Therefore, defendant failed to make the requisite showing to require an evidentiary hearing (see, Hofmeister v Hofmeister, 120 AD2d 802, 803). (Appeal from Order of Supreme Court, Monroe County, Sirkin, J.—Child Support and Maintenance.) Present —Green, J. P., Pine, Boomer, Davis and Boehm, JJ.

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