FOSTER v. JONES


301 A.D.2d 853 (2003)

753 N.Y.S.2d 396

JONELLE C. FOSTER, Formerly Known as JONELLE F. JONES, Respondent, v. DAVID C. JONES, Appellant.

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

Decided January 16, 2003.


Lahtinen, J.

The sole issue to be decided is whether Supreme Court erred in denying defendant's cross motion to modify a judgment of divorce without conducting an evidentiary hearing. While a maintenance provision in a judgment of divorce may be modified upon a showing of a substantial change in circumstances (Domestic Relations Law § 236 [B] [9] [b]), the moving party must submit an affidavit sufficient to show the existence of genuine issues of fact regarding...

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