Opinion
March 11, 1996
Appeal from the Supreme Court, Suffolk County (Prudenti, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly found that the former wife 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, into their judgment of divorce. The wife failed to establish that the continued enforcement of the maintenance provisions would create an extreme hardship for her (see, Zinkiewicz v Zinkiewicz, 222 A.D.2d 684; Didley v Didley, 194 A.D.2d 7, 10). Accordingly, the Supreme Court properly denied the motion in the absence of a hearing. Rosenblatt, J.P., Sullivan, Copertino and Goldstein, JJ., concur.