Opinion
December 29, 1995
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court correctly found that the husband failed to make out a prima facie case of entitlement to modification of the maintenance provisions of the parties' separation agreement, which was incorporated but not merged in their judgment of divorce. The husband failed to establish that the continued enforcement of the maintenance provisions would create an extreme hardship for him (see, e.g., Didley v Didley, 194 A.D.2d 7, 10; Katz v Katz, 188 A.D.2d 827; Lewis v Lewis, 183 A.D.2d 875; Wells v Wells, 130 A.D.2d 487; Pintus v Pintus, 104 A.D.2d 866; Domestic Relations Law § 236 [B] [9] [b]).
The Supreme Court properly denied the husband's petition without holding an evidentiary hearing, as his sole allegations — that the rising cost of living had diminished his profits from his otherwise flourishing business, and that his former wife no longer needed his support because she had just received a settlement in a personal injury lawsuit — do not warrant a hearing (see, e.g., Praeger v Praeger, 162 A.D.2d 671; Gerringer v Gerringer, 152 A.D.2d 652; Nordhauser v Nordhauser, 130 A.D.2d 561). Rosenblatt, J.P., Copertino, Friedmann and Krausman, JJ., concur.