Gordon v Gordon |
2011 NY Slip Op 01734 [82 AD3d 509] |
March 10, 2011 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Laura Gordon, Respondent, v Daniel Gordon, Appellant. |
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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.
Defendant demonstrated neither extreme hardship to warrant a downward modification of his maintenance obligations (see Sheila C. v Donald C., 5 AD3d 123 [2004]; 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 [1977]). 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 [1996]). Concur—Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ.