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SCHRAUB v. SCHRAUB

10498, 310636/10.

107 A.D.3d 640 (2013)

967 N.Y.S.2d 649

2013 NY Slip Op 4904

RAQUEL SCHRAUB, Respondent, v. HOWARD SCHRAUB, Appellant.

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

Decided June 27, 2013.

Defendant's bare, conclusory assertion of his inability to pay the support obligation was insufficient to warrant a hearing (Farkas v Farkas, 209 A.D.2d 316, 317-318 [1st Dept 1994]). Although given ample opportunity by way of a briefing schedule set by the court, defendant failed to cross-move for a downward modification, submit an affidavit setting forth his alleged inability to pay, or oppose plaintiff's motion by requesting a...

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