In the Matter of Galati v. Galati
Decision Date | 28 March 2006 |
Docket Number | 2005-03204. |
Citation | 2006 NY Slip Op 02369,815 N.Y.S.2d 600,27 A.D.3d 737 |
Parties | In the Matter of JACK GALATI, Appellant, v. LUCY GALATI, Respondent. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
The appellant's petition sought a downward modification of his maintenance obligation under a judgment of divorce subject to the terms of a stipulation of settlement that was incorporated but not merged into the judgment. Under such circumstances, the appellant was required to demonstrate "extreme hardship" (Matter of Cohen v Seletsky, 142 AD2d 111, 112 [1988]; see Domestic Relations Law § 236 [B] [9] [b]; Matter of Ross v Ross, 297 AD2d 286 [2002]).
The Support Magistrate's findings are entitled to great deference (see Matter of Barrett v Pickett, 5 AD3d 591, 592 [2004]). Although the Support Magistrate committed numerical errors in her factual findings, she correctly found that the appellant's income had decreased from $138,761 in 2000 to $101,475 in 2003. The court properly determined that this did not constitute extreme hardship (see e.g. Pintus v Pintus, 104 AD2d 866, 868 [1984]).
To continue reading
Request your trial-
Raab v. Raab
...show that an extreme hardship would result to him if the court failed to award him the downward modification (see Matter of Galati v. Galati, 27 A.D.3d 737, 815 N.Y.S.2d 600 ; Beard v. Beard, 300 A.D.2d 268, 751 N.Y.S.2d 304 ; Matter of Alice C. v. Bernard G.C., 193 A.D.2d 97, 602 N.Y.S.2d ......
- In the Matter of James Cappellino v. Town of Somers
- In the Matter of Drake v. Reuter