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DIVITO v. DIVITO

56 A.D.3d 601 (2008)

867 N.Y.S.2d 334

ROSANNE DIVITO, Respondent, v. NICHOLAS DIVITO, Appellant.

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

November 18, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to establish, prima facie, that continued enforcement of his maintenance obligation pursuant to a stipulation of settlement incorporated but not merged in the judgment of divorce would create an extreme hardship (see Domestic Relations Law § 236 [B] [9] [b]; Mahato v Mahato, 16 A.D.3d 386

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