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Mishrick v. Mishrick

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 558 (N.Y. App. Div. 1998)

Opinion

June 22, 1998

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


Ordered that the order is affirmed insofar as appealed from, with costs.

Domestic Relations Law § 236 (B) (9) (b) authorizes the modification of the terms of a separation agreement which has been incorporated into a judgment of divorce upon a showing of extreme hardship (see, Sheridan v. Sheridan, 225 A.D.2d 604, 605). The court must conduct a hearing to determine whether modification is warranted only where the allegations of the party seeking modification present genuine issues of fact (see, Young v. Young, 223 A.D.2d 358; Soba v. Soba, 213 A.D.2d 472). Absent a prima facie case establishing entitlement to a downward modification, the applicant has no right to a hearing (see, Lloyd v. Lloyd, 226 A.D.2d 816; Matter of Zinkiewicz v. Zinkiewicz, 222 A.D.2d 684, 685).

Here, the husband's claims of extreme hardship are based on nothing more than self-serving, conclusory allegations and credit card statements revealing that he has incurred significant debt by drawing cash advances against those accounts. Accordingly, the Supreme Court properly rejected his application without a hearing.

Mangano, P. J., Bracken, Krausman and McGinity, JJ., concur.


Summaries of

Mishrick v. Mishrick

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 558 (N.Y. App. Div. 1998)
Case details for

Mishrick v. Mishrick

Case Details

Full title:RUTH MISHRICK, Respondent, v. ABDALLAH S. MISHRICK, Appellant

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

Date published: Jun 22, 1998

Citations

251 A.D.2d 558 (N.Y. App. Div. 1998)
674 N.Y.S.2d 746

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