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Gordon v. Gordon

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2011
82 A.D.3d 509 (N.Y. App. Div. 2011)

Opinion

No. 308215/07.

March 10, 2011.

Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered July 19, 2010, which denied defendant's motion for a downward modification of his maintenance and child support obligations, unanimously affirmed, without costs.

Akerman Senterfitt LLP, New York (Donald N. David of counsel), for appellant.

Elayne Kesselman, New York, for respondent.

Before: Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ.


Defendant demonstrated neither extreme hardship to warrant a downward modification of his maintenance obligations ( see Sheila C. v Donald C., 5 AD3d 123; Domestic Relations Law § 236 [B] [9] [b] [1]), nor a substantial, unanticipated and unreasonable change in his circumstances necessitating a reduction in child support ( see Domestic Relations Law § 236 [B] [9] [b] [2] [i]; Matter of Boden v Boden, 42 NY2d 210, 212-213). The motion court's skepticism of defendant's statements reflect the gaps in his evidence, rather than any bias against him. Furthermore, contrary to defendant's contention, a hearing on the motion was not required in light of his inability to raise a genuine question of fact ( see Young v Young, 223 AD2d 358).


Summaries of

Gordon v. Gordon

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2011
82 A.D.3d 509 (N.Y. App. Div. 2011)
Case details for

Gordon v. Gordon

Case Details

Full title:LAURA GORDON, Respondent, v. DANIEL GORDON, Appellant

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

Date published: Mar 10, 2011

Citations

82 A.D.3d 509 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1734
918 N.Y.S.2d 343

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