Deanna (B.)J. v. Donald M.B., CA 06-03546.

• Decision Date: 21 March 2008
• Docket Number: CA 06-03546.
• Citation: 2008 NY Slip Op 02665,49 A.D.3d 1347,852 N.Y.S.2d 925
• Parties: DEANNA (B.)J., Appellant, v. DONALD M.B., Respondent.
• Court: New York Supreme Court — Appellate Division

49 A.D.3d 1347

852 N.Y.S.2d 925

2008 NY Slip Op 02665

DEANNA (B.)J., Appellant, v. DONALD M.B., Respondent.

CA 06-03546.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2008.

Appeal from an order and judgment (one paper) of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered November 14, 2006. The order and judgment, inter alia, relieved defendant of his maintenance obligation effective August 3, 2005.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by providing that defendant is relieved of his maintenance obligation effective May 22, 2006 and as modified the order and judgment is affirmed without costs.

Memorandum:

Supreme Court properly granted that part of the cross motion of defendant seeking to be relieved of his maintenance obligation based upon his clear and convincing showing of a substantial change in circumstances (see McGuire v McGuire, 200 AD2d 825 [1994]; see also Sitler v Sitler, 266 AD2d 202 [1999]). The court abused its discretion, however, in granting that relief effective August 3, 2005 rather than May 22, 2006, the date of application therefor (see Domestic Relations Law § 236 [B] [9] [b]; Rosenberg v Rosenberg, 215 AD2d 365, 367 [1995]). We therefore modify the order and judgment accordingly.

Present — Scudder, P.J., Centra, Lunn, Fahey and Green, JJ.