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MATTER OF LUTHER v. LUTHER

35 A.D.3d 473 (2006)

825 N.Y.S.2d 718

In the Matter of ANTHONY C. LUTHER, Appellant, v. LAURA L. LUTHER, Respondent.

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

Decided December 5, 2006.

Ordered that the order is affirmed, with costs.

The petitioner 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 petitioner was required to demonstrate "extreme hardship" (Domestic Relations Law § 236 [B] [9] [b]; see Matter of Galati v Galati, 27 A.D.3d 737

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