Appellate Division of the Supreme Court of New York, 2002

Ross v. Ross

Appellate Division of the Supreme Court of New York · Decided August 5, 2002

297 A.D.2d 286; 745 N.Y.2d 917; 745 N.Y.S.2d 917; 2002 N.Y. App. Div. LEXIS 7794

Cases that cite this one

6 later published cases cite this decision.

Withers v. Withers (Appellate Division of the Supreme Court of New York 2010)
Galati v. Galati (Appellate Division of the Supreme Court of New York 2006)
Leyberman v. Leyberman (Appellate Division of the Supreme Court of New York 2005)
Rosato v. Rosato (Appellate Division of the Supreme Court of New York 2005)
Norman v. Dykman (Appellate Division of the Supreme Court of New York 2005)
DeCamp v. DeCamp (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*287The father’s cross petition sought a downward modification of his support obligations under a judgment of divorce which is subject to the terms of a separation agreement that was incorporated but not merged into the judgment. Under such circumstances, the father must demonstrate “extreme hardship” (Matter of Cohen v Seletsky, 142 AD2d 111, 112; see Domestic Relations Law § 236 [B] [9] [b]). The Family Court properly determined that the father failed to do so (see Clark v Clark, 280 AD2d 575; Mishrick v Mishrick, 251 AD2d 558).

The father’s remaining contentions are without merit. Prudenti, P.J., Smith, Friedmann and Adams, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.