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SHEILA C. v. DONALD C.

5 A.D.3d 123 (2004)

773 N.Y.S.2d 22

SHEILA C., Respondent, v. DONALD C., Appellant.

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

March 2, 2004.

To obtain modification of the maintenance aspect of a stipulation that has been incorporated but not merged into a divorce judgment, a party must show extreme hardship, not merely a substantial change in circumstances (see Domestic Relations Law § 236 [B] [9] [b]; Matter of Cohen v Seletsky, 142 A.D.2d 111, 118-119 [1988]). Respondent satisfied the extreme hardship standard....

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